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

Announcement

Collapse
No announcement yet.

Challenging Scenario Oregon

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

  • Challenging Scenario Oregon

    Last Monday, I was pulled into an office by my dept manager who proceeded to tell me that she could not have me working in that department anymore because I called in sick the Saturday before and she saw my car at IKEA that same day. I told her I would bring her paperwork from the hospital, which I did, and a note from my mother who had to use my big SUV to pick up a crib at IKEA that day. She told the owner that she still didnt want me back in the department. The owner told me to give him a couple days to sort things out and he still hasnt made a decision on what to do. They have not fired me, but they blocked my access to all computers and my customer base. I have not recieved any pay, and had to take my vacation pay so that I wouldnt be hurting for money at the end of the month. This is not fair. They wont fire me, but wont let me work either, and in the meantime, I cant make any money! What can I do?!

  • #2
    File for unemployment benefits and start looking for a new job. It may be unfair for them to suspend or fire you despite the documentation from the hospital and the note of explanation from your mother but it's not illegal.

    Comment


    • #3
      I stopped reading notes from mothers when I stopped teaching those under 18. Even then I read them skeptically as there is little most mother won't do for a child. Many of the notes I received were great works of fiction. In any event, Beth is correct that your employer need not accept notes from mom as proof of anything.

      There is a small chance that there could be some issues if your leave qualified as FMLA. How long have you worked there? Did you work at least 1250 hours in the past year? Does your employer have at least 50 employees in a 75 mile radius? Why were you at the hospital?
      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.

      Comment


      • #4
        Reply

        I have worked for them for 6 years. They still have not let me go as of today. I am just waiting to see what they are going to do. They offered me a lateral move to a different department, but if I take that job, wont that be an agreement to the situation on my part? I was not thinking a NOTE FROM MOM would work, but she will testify under oath if I have to take it that far. I dont think they want to fire me because I would cash in on unemployment.

        Comment


        • #5
          Still need the answers to the other questions.

          There is no need to have your mom testify to anything. Your employer is not a court and they are not required to seek testimony.
          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.

          Comment


          • #6
            Reply

            Yes, I did work at least that many hours last year. My employer has over 300 employees within 30 miles spaced over 3 locations...The reason I brought that up about my mom, is that is the main reason that I am going to be taken out of that department. Because they feel that I lied. I feel that if I need to take them to court, her testimony, along with my sister in laws will be good to show that they were absolutely wrong in what they said. I was at the doctor because of sharp pain in my ankle caused by a bulging disk in my back rubbing on my sciatic nerve. I brought all paperwork to them regarding that, and the times I was in emergency should be enough to show them that I was not freaking shopping that day. Even though I have all of that info, the manager of the department wont deviate from her decision. My feeling is that it is because she yelled at me and called me a liar that day, and when I proved that I wasnt lying, she had to save face. She told the owner that I was missing a lot of work, and that was the reason when she never mentioned that to me. Not once have I been talked to about that, and I MADE OUT THE SCHEDULE FOR THE DEPARTMENT! Plus, my time card shows that I worked over the amount of hours I needed!! I dont get it now. The day she talked to me about it, they took all my computer access, but didnt fire me. And now, a week later, they still have not done anything except offer me a lateral move to a different department. I dont want a different job, I want them to recognize I DID NOTHING WRONG!! The owner said that she is the manager of the department and because he made her manager, he cant undermine her decisions as to who she wants in her department.

            Comment


            • #7
              Again, your employer is not a court of law and you can't sue them to "prove" you weren't lying. All that will matter in court is that the employer believed you were lying. They do not have to be absolutely correct as employers are not held to the same standards as courts.

              That said, have you applied for FMLA for the time you miss due to this condition? It is iffy if the bulging disk qualifies as such (most of the adult population over 30 has some degree of disk bulge or degenerative change in the spine) but if you are landing in the ER as a result, it might. Whether it should have been offered depends on whether or not your employer had reason enough to believe you were suffering from a serious health condition as defined by the FMLA. A one time trip to the ER for ankle pain that took you out for one day would not qualify. Sciatica that led to ongoing care from a physician and multiple treatments and days off would.

              If you do take time off under FMLA you must be returned to your original or an equivalent position unless the transfer would have occurred regardless of leave. If your manager is just unhappy with your performance or just doesn't like you and would transfer you whether you took the day off or not, you can still be transferred. Also if you are going to need intermittent FMLA your employer can transfer you to a job where it will cause less disruption to the business for the duration of your intermittent leave.
              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.

              Comment


              • #8
                Sfhardball, beyond the interpretation that ElleMD has given you concerning FMLA is there any chance that your back condition is a result of an on the job injury?
                Last edited by BnThrDnTht; 08-08-2007, 06:11 AM.

                Comment


                • #9
                  Reply

                  The back injury is a condition that they know about. I had surgery and was out for the first half of 06 due to the ruptured disc. Unfortunately the surgery was not a success, and I have been in pain while working the past year. Once in awhile the pain flares up and I have to miss work, but it is maybe once every two months. That is what is so weird. They know about the condition, I was covered under the FMLA the first time, as well as disability insurance. They gave me a job that was less stressfull on my back and everything was going great. I was TOP producer. Then this one ER visit, and they force me out of that job and into one that will greatly increase the stress put on my injury! It is almost like they are giving me no choice but to quit. I could be on disability insurance right now, but I LIKE working! That is what is so confusing. I could not classify it as an on the job injury since it is hard to tell when the disc actually ruptured. Thank you all for your help. I plan on getting a plan together and sitting down with HR on Monday since nothing has happened. Any thoughts on how to come at this with them?

                  Comment


                  • #10
                    If you are able to work, then you wouldn't qualify for disability insurance. Not if you are only missing one day here and there every few months.

                    I'd apply for intermittent FMLA for the time you are missing now. See if your doctor will certify it as necessary.

                    You mentioned being transferred to this current job while you were healing. Are they transferring you back to your old one as your surgery was a year ago? Most employers do put a time limit on how long they will allow an employee to stay in a light duty job.
                    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.

                    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