Announcement

Collapse
No announcement yet.

Was Terminated For leaving and going to the Emergancy room Oklahoma

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Was Terminated For leaving and going to the Emergancy room Oklahoma

    I work at a restaurant and have been working for this general manager for 2 years off and on now i had a back fracture last week of January '09 but took time off for back to heal went back to work september '09
    then in February of this year fractured the side of my hand and was put in a cast the gen. manager told me it would be best to take some time off till the wrist heals so i did
    I went back 2 weeks ago march 28,2010
    Monday April 5, 2010 My back gave out on me all of a sudden after being at work for an hour I told the assistant manager that my back just gave out and that I don't know if I will be able to continue to work
    then told her I had to go to the bathroom Cause I was going to be sick.

    After coming back I was not able to get far due to back locking up and the assistant manger told me i just talked to the general manager on the phone and the gm said if you go to the emergency room and leave work your fired!!! I nodded did not say a word and was barely able to walk out to my car to go to the hospital because of the pain in my back and no one in offered to help me at all.
    after immediately Leaving work went to hospital and doctor told me i had a back spasm since then i am still fired is this unlawful Termination and can something be done?

  • #2
    From what I have read, I believe it is fair to say you have had to be away from work quite often.

    The next step is to file for UI benefits. This is not, from what you've described, wrongful termination. It is simply termination.
    Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

    I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

    Comment


    • #3
      How many total employees work at this restaurant?

      Comment


      • #4
        In addition to how many employees we would need to know how many hours you have worked in the past 12 months and how many days you have been off work in that time as well.

        Comment


        • #5
          If I'm reading this correctly, you were off from January through September of 2009; then for several weeks between February and March of 2010; then told your employer that you didn't think you'd be able to work again this past week.

          If I am reading this correctly, this is very far from a wrongful termination, and I'm not even certain you will qualify for unemployment since you may not have enough wages in the base period to qualify. (You should certainly file, however.)

          It is a myth that you cannot be terminated for medical-related reasons. At best, you are entitled to 12 weeks in a 12 month period; beyond that, you can legally be fired for additional absences even if medically based. If my understanding of your situation is correct, your employer provided considerably more than required by law.
          Last edited by cbg; 04-08-2010, 08:58 PM.
          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.

          Comment


          • #6
            I believe cbg meant at best, you are entitled to 12 weeks in a 12 "month" period.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              Oops.
              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.

              Comment

              Working...
              X