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  • fired unlawful

    I was just recently fired from a job at a nursing home. I was in probation period and had missed two days due to my health, and my third was just this past week. I was wakened by my daughter screaming telling me that my son had fallen into her trundle bed and was in a fetal position and was unresponsive. In trying to get some type of response from my son he went into another one of these..at this time i didn't realize that he was having grandma type of seizures..just doing it more his way. My son has special needs and is very medically fragile. I had told my work about this before starting and brought up about getting a FMLA and was told I didn't need to worry about it. Well back to my son..i ended up having to call a ambulance..with my sons auto immune system..i had thought my son was dying..well in knowing i wouldn't make it to work..as i'm waiting for the ambulance i'm calling to find coverage..then calling my boss to at least tell her what was going on.."she proceed to yell at me, i told her..i cant believe you are doing this..i said my son could be dying and you want me in work at 6 am.." She demanded.well i told her i would find coverage, but would be with my son. In the ambulance ride, my son went into another seizure..on the ride i was calling to find coverage..i found coverage, calling my boss back to let her know that there was someone working for me..she yelled at me again and demanding that i be there..at this point she hung up on me.

    At the ER I had brought up that my son had been having migraine headaches as well..now the seizures. He will be going this upcoming week for a scheduled sedated CT Scan..because of his autism and mental retardation and him being so medically fragile he will need to be monitored closely during his ct scan,. this CT Scan will hopefully rule out a brain tumor. That is what their fear is now.

    Well back to my boss..Monday afternoon, my cell rings and we are still at the hospital. She proceeds to terminate me over the phone.."can you even do this?" she proceeds to say oh you had so much potential..and says but your fired. I brought up the FMLA laws..and she said you don't have one..and hung up on me.

    So here is where i am..i had filed for unemployment after speaking to many professionals they said i could probably fight this.

    Does anyone know? I am a single mom, now with no income, and not sure how i will make it..i have been out applying for jobs as much as i could this past week. Anyone know what else i should do? Thank you Bev in PA
    Betty3
    Senior Member
    Last edited by Betty3; 09-05-2009, 08:39 AM.

  • #2
    kissangl - you should have started your own new thread & not added your question to another poster's thread. I will move your question to its own new thread.

    Also, I removed your e-mail address for your protection from spammers who troll this board.
    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


    • #3
      fired

      no she actually said i was terminated..with that being my 3rd absense in my probation period..but what i'm asking is how i was fired and because of myself being in a life or death type of situation with my son..wondering what to do..is it lawful

      Comment


      • #4
        kissangl, unfortunately, you're not eligible yet for FMLA protection. You have to have been employed for at least one year - among other requirements.

        You may, however, be eligible for Unemployment benefits, and should certainly fight for them. UI usually looks at the reason for your last absence - the reason why you got fired - to determine whether you qualify for Unemployment benefits. Since the reason for your absence was your son's serious illness and it was certainly out of your control, you should have no trouble collecting Unemployment. If you get denied at first, you should protest it and take it to a hearing. Be prepared to bring with you proof that you were at the hospital with your son that day and that's why you missed work. A statement from the hospital or even just an invoice from the hospital will suffice. Good luck and best wishes!

        Comment


        • #5
          Nothing in either of your post suggests that your termination was unlawful. How long had you actually worked for the employer - you mention being in your probation period. Does that mean that you had worked there only a few weeks?
          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 OnYourSide View Post
            kissangl, unfortunately, you're not eligible yet for FMLA protection. You have to have been employed for at least one year - among other requirements.

            You may, however, be eligible for Unemployment benefits, and should certainly fight for them. UI usually looks at the reason for your last absence - the reason why you got fired - to determine whether you qualify for Unemployment benefits. Since the reason for your absence was your son's serious illness and it was certainly out of your control, you should have no trouble collecting Unemployment. If you get denied at first, you should protest it and take it to a hearing. Be prepared to bring with you proof that you were at the hospital with your son that day and that's why you missed work. A statement from the hospital or even just an invoice from the hospital will suffice. Good luck and best wishes!

            TY for offering some worthy well thought out advice here !

            Comment


            • #7
              kissangl - you again added your post to another poster's thread (from 7-09) - I will move it to where I moved your 1st post.
              Betty3
              Senior Member
              Last edited by Betty3; 09-05-2009, 02:33 PM. Reason: spelling
              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


              • #8
                probation period..being 3 months

                Hello, I was still in my probation period being three months fulltime work..and in actually working every other weekend..so on the off weeks being 56 hours. I had missed due to my health..then last Sunday evening, in calling 911 for my son..had to call to let my boss know that i would get coverage for my position on Monday morning. Being screamed at when your child is in a life or death type of situation...is what? Definitely wrong for sure. I just need to find out what chances i will have of at least getting unemployment..due to being a single mom and then having a child whos health could go terminal at any point. Just trying to understand all the laws.



                Originally posted by cbg View Post
                Nothing in either of your post suggests that your termination was unlawful. How long had you actually worked for the employer - you mention being in your probation period. Does that mean that you had worked there only a few weeks?

                Comment


                • #9
                  I agree with cbg that nothing you posted indicates an illegal termination & FMLA only applies when you have been with your employer for 12 months.

                  File for unemployment ins. benefits. The state will make the decision whether you are eligible or not.

                  Good luck to you, your daughter & your ill son. The best of wishes to him.
                  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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