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Unfair practices? Idaho Illinois

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  • Unfair practices? Idaho Illinois

    I have a friend who works for a former employer. She asked me a question and I was unsure how to respond. She recentlly was notified that she would have to undergo kidney surgery. Her manager told her she needed t wait until "after inventory." She underwent her surgery before hand and returned to work. During her review, the manager brought the surgery up as a negative to her work performance because "she did not participate in inventory." She brought it to the district manager who did nothing about it. I advised her to call the HR hotline and place a complaint. Is there any other organization that she could look to for guidance in this matter? Can an employer hold this surgery against her?

    Thank you.

  • #2
    It is Illinois only not Idaho

    Comment


    • #3
      Did FMLA apply? Did the surgery need to be handled on an emergency basis?

      Not enough info.
      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


      • #4
        It was an emergency situation. She went in due to pain and they ended up conducting surgery for a stent. During this process they found the kidney issues. To which they scheduled a surgery. When she contacted work is when they said to push it back. Not sure if FMLA covers this.

        Comment


        • #5
          How long has she worked for the employer? How many employees does the employer have within 75 miles of her location? In the 12 months immediately preceding her surgery, did she work a minimum of 1,250 hours? How long between the placement of the stent and the later surgery? Did the surgeon say the surgery had to be done immediately?

          I'm trying to help but you're not giving me anything to work with.
          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

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