Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Being threatened for termination due to absences Florida

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

  • Being threatened for termination due to absences Florida



    I have a bad back, have had 2 major surgeries in the past 6 yrs. I have been at my current job since Nov. 2006. I have lost many days to my disability. I have received numerous warnings regarding my absences. I want to know if they can fire me for having a legitamit excuse for being out. I try to go to work even though I am in dire pain, but some days I just can't make it out of bed. I have been fired from numerous jobs because of this, within the past 5 yrs. I also filed for disability, but of course was denied. I can't seem to hold down a job for more than a yr because of my excessive absences. What can I do?

    Thanking you in advance,

    Rachel L.

  • #2
    Since you have not been with them for a year yet, you are not entitled to any protected medical leave yet. Therefore, no matter how legitimate the medical reason for your absence, you can be fired for too many of them.

    Even under the ADA (assuming it applies, which we cannot tell from here) the employer is not required to give unlimited absences as an accomodation.
    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


    • #3
      Originally posted by AuroraH View Post

      I have a bad back, have had 2 major surgeries in the past 6 yrs. I have been at my current job since Nov. 2006. I have lost many days to my disability. I have received numerous warnings regarding my absences. I want to know if they can fire me for having a legitamit excuse for being out. I try to go to work even though I am in dire pain, but some days I just can't make it out of bed. I have been fired from numerous jobs because of this, within the past 5 yrs. I also filed for disability, but of course was denied. I can't seem to hold down a job for more than a yr because of my excessive absences. What can I do?

      Thanking you in advance,

      Rachel L.
      You have not been with your current company a year, so FMLA doesn't count.

      Unless your situation meets ADA criterion, then they can fire you for excessive absences... and maybe even then.
      Not everything that makes you mad, sad or uncomfortable is legally actionable.

      I am not now nor ever was an attorney.

      Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

      Comment


      • #4
        Originally posted by cbg View Post
        Since you have not been with them for a year yet, you are not entitled to any protected medical leave yet. Therefore, no matter how legitimate the medical reason for your absence, you can be fired for too many of them.

        Even under the ADA (assuming it applies, which we cannot tell from here) the employer is not required to give unlimited absences as an accomodation.
        Jinx! you owe me a coke!
        Not everything that makes you mad, sad or uncomfortable is legally actionable.

        I am not now nor ever was an attorney.

        Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

        Comment


        • #5
          Originally posted by cyjeff View Post
          Jinx! you owe me a coke!
          I believe cbg beat you - prob. by less than a second.
          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

          The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
          Working...
          X