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terminated with dr note Michigan

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  • terminated with dr note Michigan

    Can I be terminated from my job because I am off for a week under Dr care for mental health reasons? If so, would I be eligible for unemployment. I do not think that my employer falls under FMLA.

  • #2
    If FMLA does not apply, then you are not guaranteed leave just because you have a doctor's note. How many employees are there?
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      not positive...its medical medical office with 3 locations..drs are also employees..it is probably between 35-50

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      • #4
        It makes a world of difference. For FMLA to apply, there must be 50 employees for at least 20 weeks of the previous year, within a 75 mile radius.

        This assumes you also qualify in that you have been there at least 12 months and have worked 1250 hours in the past year. And that you have a serious health condition as defined by the regs. Being taken off work for a week to treat severe anxiety would count. The doctor recommending you take a week off because you have been stressed lately would not.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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        • #5
          If you don't qualify for FMLA & are terminated, yes, you can file for unemployment ins. It will be up to the state to decide whether you will receive it or not.
          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.

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          • #6
            Outside of FMLA, a doctor's note holds no force in law.
            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
              Doctor's notes can be obtained for five dollars off the internet and there are plenty of doctors who will supply one without seeing the employee. It takes more than handing in a doctor's note to make the termination illegal.
              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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              • #8
                What may be admissible as evidence in a court of law has no bearing on this situation. If FMLA does not apply, then there is no law that guarantees an employee the right to leave for any reason, mental health related or not. Being fired for taking a week off is legal. Being fired for requesting time off under FMLA is not. Right now there isn't enough evidence to know whether or not FMLA applies to the employer or employee or the medical condition.

                There is nothing to indicate this was a safety related decision in any way.
                I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                • #9
                  Originally posted by cbg View Post
                  Outside of FMLA, a doctor's note holds no force in law.
                  This is a fact - an attorney will be a waste of money unless FMLA applies. But, it is your right to consult with one - but the case is a gamble. However, you have a great chance of getting UI - so make sure you apply ASAP.

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                  • #10
                    You confuse contract labor with at-will employment labor way too much.

                    JoeC - How long have you been in your current job?

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                    • #11
                      Originally posted by merfy View Post
                      You confuse contract labor with at-will employment labor way too much.

                      Merfy, at-will doesn't mean no contract. It means that the employment contract is not for a set period of time.

                      Contract law fills in the gaps of employment law.

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                      • #12
                        Well - if an employee doesn't sign a contract when they are hired or while employed - then it is "no contract" or "at-will" labor. It is that simple.

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                        • #13
                          15 years in the labor force does not constitute an expert... where did you work at before then?

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                          • #14
                            This is getting to be a topic for another thread, but no, it is not that simple.

                            Just about all employment agreements are express unilateral contracts. All those fancy terms mean that you have promised, in written or spoken words, to pay me if I perform work for you.

                            All the elements of a contract are there.

                            Offer and Acceptance- You offered to pay 15/hr and I agreed.
                            Legal Object- Work is always a legal purpose.
                            Mutual Consent- We both have a clear understanding of the terms
                            Competence- Neither of us are drunk, insane, or incapacitated.
                            Consideration- We're exchanging money for work.


                            If it walks like a duck, etc. If you decide pay me only min wage for work already I've done for you, I can take you court and recover the excess from you.

                            At-will means two things, and two things only:

                            -You can fire me and I can quit at any time.
                            -Either of us can propose prospective changes to the agreement at anytime and the other can agree or not.

                            Example:

                            "I'm cutting your pay 20%. Take it or leave it."
                            "Up yours, I quit!"

                            And there you have the totality of at-will performed in one act.


                            This is entirely different from an implied "just cause" contract that joec is quick to promote.

                            Here's an at will case for you. Toussaint v Blue Cross & Blue Shield of Michigan, 408 Mich 579 (1980) is one of the most cited cases involving at will. Not only was there no written contract, but the plaintiff was able to over come the at will presumption and prove that there was implied just cause contract. The plaintiff would not have been able win had there not been a contract as you claim.

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                            • #15
                              I am steel guy - union - just seeing if you are there, brother.

                              Comment

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