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Customer Service Rep. Texas

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  • Customer Service Rep. Texas

    Need advice. I started to work for a company in march 2008, with prior back problems. My restrictions for back was no lifting over 25 lbs. So the job was not a problem. As I was only required to sit, no lifting, the last three months my back started progressing more and more in pain unable to sit for long periods. Was seen by Dr. was taken off work for several days, notified company, which they agreed to allow me the time off with an approved RTO ( req. time off ) as I was not employed long enough to file FMLA. Company stated if I needed more time off to let them know and they would extend RTO. Upon returning to work my immediate supervisor stated she needed me to meet her in office in 30 minutes. Upon arrival there was 3 ladies present, all same minority. They told me I was being termed ( fired ) for missing work. I immediately asked the question how can you fire me when you just acknowledged that I had a problem with my back, covered by Dr.s orders, and you allowed me time off for the issue, by giving me approved RTO time off. They spoke amongst themselves and stated well just go ahead and go back to work. I stated you just fired me. They said well just go back to work and we will get with you this evening, and let you know what our intentions are. Evening rolled around they are no where to be found. Returned to work the following day, logged in worked about 3 hours supervisor walking by numerous times, knowing im there. I finally approached supervisor about the issue she stated one moment, 15 minutes later she came back and said follow me, we went back to office and they fired me for missing work. I had one writeup on my file, when I took off, while I was off work supervisor placed two more write ups in my file on days I was under Dr s care. whicis against employee handbook, my understanding any writeups are supposed to be presented to you, and you have the option of signing the writeup. There is numerous employees with atrocious writeups in their files and are still employed. Need advice. Employer employees over 1500 employees.
    Last edited by coolrider; 11-05-2008, 03:01 AM. Reason: Employer has over 1500 employees

  • #2
    It's a widely held belief that you cannot be fired with a doctor's note. Outside of situations that are covered by FMLA, a doctor's note has no force in law. Because your absences were not covered by FMLA. it was legal to terminate you for missing work.

    If you feel that you were singled out for disparate treatment on the basis of race, your recourse is to file a complaint with EEOC.
    I am not able to respond to private messages. Thanks!

    Comment


    • #3
      Originally posted by Marketeer View Post
      It's a widely held belief that you cannot be fired with a doctor's note. Outside of situations that are covered by FMLA, a doctor's note has no force in law. Because your absences were not covered by FMLA. it was legal to terminate you for missing work.

      If you feel that you were singled out for disparate treatment on the basis of race, your recourse is to file a complaint with EEOC.
      The problems here is that there is numerous employees that are still employed with numerous writeups for absenteeism, also the supervisor has a history for having people termed. She is also using threats towards team members, as far as how can they tell you go ahead and take off work and then fire you when you come back to work. The supervisor not only took this recourse she also made false reprts on writeups. Also she told the company she was fearful of her life she stated that I had gone by her house broad daylight and egged her house, police dept got involved and came by to pay me a visit officers reports states that this was a false report given by company and by supervisor. I have contacted an attorney spoke with them also spoke to eeoc under lawyers advice he stated to submit forms with all things involved he stated that I probably have case. Thanks for replys.

      Comment


      • #4
        Originally posted by Marketeer View Post
        It's a widely held belief that you cannot be fired with a doctor's note. Outside of situations that are covered by FMLA, a doctor's note has no force in law. Because your absences were not covered by FMLA. it was legal to terminate you for missing work.

        If you feel that you were singled out for disparate treatment on the basis of race, your recourse is to file a complaint with EEOC.
        What situations are covered by fmla?

        Comment


        • #5
          For FMLA to apply, ALL of the following must be true:

          1.) The employer must have a minimum of 50 employees within a 75 mile radius of your location
          2.) You must have worked for the employer for no less than 12 months
          3.) In the 12 months preceding your leave, you must have worked a minimum of 1,250 hours for this employer
          4.) You or a qualified beneficiary (spouse, parent, child) must have a serious health condition as defined by the statute

          http://www.dol.gov/elaws/esa/fmla/shc.asp

          If even one of the above criteria is not true, then FMLA does not 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.

          Comment


          • #6
            Originally posted by cbg View Post
            For FMLA to apply, ALL of the following must be true:

            1.) The employer must have a minimum of 50 employees within a 75 mile radius of your location
            2.) You must have worked for the employer for no less than 12 months
            3.) In the 12 months preceding your leave, you must have worked a minimum of 1,250 hours for this employer
            4.) You or a qualified beneficiary (spouse, parent, child) must have a serious health condition as defined by the statute

            http://www.dol.gov/elaws/esa/fmla/shc.asp

            If even one of the above criteria is not true, then FMLA does not apply.
            Thanks the eeoc as well as the atty said it would be on disability issues, can you explain I told them exatly what is here on the topic.

            Comment


            • #7
              I think they are saying they believe you might have been terminated due to your disability.

              You wouldn't qualify for FMLA since you said in your first post you only started at the co. 3-08 - you wouldn't have been there a year.
              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

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