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How can I help my co-workers in Ohio

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  • How can I help my co-workers in Ohio

    There was around 8 members who where on sick leave and were filing for unemployment. Our company fired this members. I'm looking for help on getting their jobs back. If there is anything at all. My e-mail is [email protected]. Thanks

  • #2
    Originally posted by Jarhead797 View Post
    There was around 8 members who where on sick leave and were filing for unemployment. Our company fired this members. I'm looking for help on getting their jobs back. If there is anything at all. Thanks
    Was it proven that something job related made them sick (a workers compensation claim)? Did they qualify for FMLA leave?

    http://www.nfib.com/object/IO_23699?_templateId=315

    What is the companies policies reguarding sick leave?

    I may be wrong, and will be corrected if so, but if the answer to the first two questions are no, then I do not see any reason why they could not fire these 8 people.

    Comment


    • #3
      OP, I suggest you edit your post to remove your email address. The best that could happen is you could be spammed to kingdom come. Or an email could infect your computer.

      Unless the sickness qualified for FMLA leave and the employer is subject to the Act, or there is a union contract prohibiting such firings, I don't see anything illegal here, based on the very limited details you provided. You don't know the details of each of these employees, I'm sure.

      Why are YOU taking this on?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #4
        You taking this on

        I'm taking this on because, I care what happens. If I can help or find help I will do what I can. You are right I'm not sure about each case. They are not letting people know not Even the OFFICERS.

        Comment


        • #5
          Originally posted by turbowray View Post
          Was it proven that something job related made them sick (a workers compensation claim)? Did they qualify for FMLA leave?

          http://www.nfib.com/object/IO_23699?_templateId=315

          What is the companies policies reguarding sick leave?

          I may be wrong, and will be corrected if so, but if the answer to the first two questions are no, then I do not see any reason why they could not fire these 8 people.
          I'm not sure what put them on sick leave. I do know that some of them have FMLA. Thanks

          Comment


          • #6
            We need far more information than you have provided. Even FMLA is not open ended. There comes a time when an employer can LEGALLY let an employee go even if they are on medical leave and even if they were on FMLA. There are NO circumstances in which an employer has to keep a job open indefinitely, no matter how legitimate the need for medical leave. Nor does FMLA protect an employee from a termination that would have happened regardless of the leave.

            So for each of these employees, we would need to know first, whether or not FMLA applied, secondly, whether they exceeded FMLA and third, whether there was a reason unrelated to the medical leave for their termination.
            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


            • #7
              The main thing is they were getting sick leave check and getting unempolyment check.

              Comment


              • #8
                I'm not seeing this as an FMLA issue. If they were collecting sick leave pay from the company and unemployment from the state, then they were committing unemployment fraud. I'm not the least bit surprised that the company terminated them, and I think that you would have a hard time convincing the company to take them back.
                I am not able to respond to private messages. Thanks!

                Comment

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