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  • trying to terminate

    I Work In Ma. For A Retail Store That Is One Of The Biggest Chains Around. My Start Date Was July 1st Of 2004. When I Started There I Was Aproximately Six Months Pregnant, They Had No Problem Hiring Me. My Problem Now Is That I Have Been Written Up On Two Accasions For Missing Days. I Was Written Up In July Of 05 For Having Too Many Unaproved Absences In One Year. I Asked What Was Approved And Unapproved. He Said Approved Is Having A Doctors Note, And Or Getting A Managers Approval Prior To That Day. Since I Have Some Health Problems And A New Born, And I Am Also Pregnant Again I Am Going To Have To Miss Days Do To Hospital Visits Or Doctor Visits. I Have A Doctors Note For Every Day That I Have Missed Since My Last Write Up. Now They Are Telling Me That It Doesnt Matter How Many Doctors Notes I Have They Still Have The Write To Fire Me.

    I Need To Know As Soon As Possible Weather Or Not They Can Do This.

  • #2
    Before I can answer your question, I need to know how many employees your employer has within 75 miles of your location, and how much time you have missed in the last 12 months. I understand that you have had doctor's notes, but since a doctor's note has no force in law except in limited circumstances, we need to establish if those circumstances apply.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      they wont give me a copy of my of my days worked or missed. there are thousands of employees within a few miles, at my location there has to be hundreds.

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      • #4
        Surely you have some idea of how many days you have missed.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          fmla

          How about intermittent fmla?

          If OP requests partial or Intermittent fmla, absences for Dr's appts and such may not be held against her.

          If Dr certifies to medically necessary appointments, those days can be taken under fmla.

          Is this correct?

          All of that said, I dont know OP fmla status as far as what has been used already, if any, these past 12 mos. And # hours worked for eligibility.

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          • #6
            The problem is, since our poster refuses to give us any clue as to whether by excessive absences the employer is talking about 6 days or 6 months worth, we don't know yet if FMLA in any form is still a factor. That's the point I'm trying to get to, but until we have some kind of clue how much time we're talking about, it's pointless to speculate.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              there may also be claims under mmla which covers "pregnancy related disabilities".
              This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

              This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

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              • #8
                Quite true, but again it's pointless to speculate without some clue as to how much time we're talking about.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                • #9
                  very true.

                  its nice to be back.
                  This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

                  This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

                  Comment


                  • #10
                    Very good to have you back, Phil. You have been missed.
                    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                    • #11
                      sory havent had time to come on, taking care of daughter. i realy have no idea how many i have missed but lets say in the last year it was 20 days. i would also like to know weather or not your work record is part of your personel record?

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