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Do I Have a Case Connecticut

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    Betty3
    Senior Member

  • Betty3
    replied
    Certainly wouldn't be the first time an employer was ignorant of the law.

    Leave a comment:

  • Pattymd
    Senior Member

  • Pattymd
    replied
    Originally posted by ElleMD View Post
    Have you tried contacting the employer at all to make sure it wasn't a mistake or misunderstanding? Even if you file with the DOL, they are going to ask what steps you took to remedy the situation or if you brought it to the employer's attention.
    ElleMD has a good point. Maybe they're just ignorant of the laws and not intentionally violating them.

    Leave a comment:

  • Pattymd
    Senior Member

  • Pattymd
    replied
    Originally posted by CatBert View Post
    Patty, I employ a strict drug and alcohol policy, so please allow me to play devil's advocate...an employee is hurt on the job...WC pays the bill...I terminate the employee...does that qualify?

    The situation I propose is NOT the same, but has some similiarity.
    I'm sorry, qualify for what?

    Leave a comment:

  • ElleMD
    Senior Member

  • ElleMD
    replied
    Have you tried contacting the employer at all to make sure it wasn't a mistake or misunderstanding? Even if you file with the DOL, they are going to ask what steps you took to remedy the situation or if you brought it to the employer's attention.

    Leave a comment:

  • CatBert
    Senior Member

  • CatBert
    replied
    Patty, I employ a strict drug and alcohol policy, so please allow me to play devil's advocate...an employee is hurt on the job...WC pays the bill...I terminate the employee...does that qualify?

    The situation I propose is NOT the same, but has some similiarity.

    Leave a comment:

  • Pattymd
    Senior Member

  • Pattymd
    replied
    Then my prior advice stands.

    Leave a comment:

  • robdef42
    Junior Member

  • robdef42
    replied
    Thanks for your reply.

    Yes, you are understanding it correctly. I recieved a letter 3 days later telling me they needed the paperwork by Feb 1, when I had just recieved it on Jan 31 and that I would be terminated if I didnt contact them (this letter was the one I was unable to pick up) and the regular mail letter stated I was terminated as of the 5th (recieved on the 9th). Actually, my job was advertised in the paper on the 8th. No phone call, nothing. We were fairly informal and they would have called me in any other circumstance. We basically didn't have an HR dept. I worked for a municipality and the letter came from the "mayor" who I knew fairly well. I just feel that they wanted to get rid of me because of my "problem".

    Leave a comment:

  • Pattymd
    Senior Member

  • Pattymd
    replied
    Your winning your unemployment benefits are not related to a wrongful termination. However, the employer MUST give you 15 days for the doctor to get the FMLA certification forms back to them.
    http://www.dol.gov/whd/regs/compliance/1421.htm#2g

    If I am understanding you correctly, you got the forms on Jan. 31 and a termination letter was sent only 3 days later? If that is correct, get on the horn immediately to the federal DOL and file an FMLA violation complaint.

    And actually, it wasn't a "mistake" to let the employer know what kind of "serious health condition" you had. Not only would they have to have had enough information to approve your FMLA, which the certification form would have to include, but being in treatment for alcohol or drug addiction (NOT currently using) can also be considered a reasonable accommodation under the ADA. So, in addition to contacting the federal DOL, you might also be well-advised to contact an attorney about your chances for a wrongful termination suit, then file a claim with the EEOC for discrimination based on (actual or perceived) disability. Note, however, that you cannot sue the employer for such discrimination without a "right to sue" letter from the EEOC (which is almost always given) and then you have 180 days to get the suit filed.
    http://findarticles.com/p/articles/m...9/ai_66935171/

    If I'm understanding you correctly, your HR department is woefully ignorant of the laws in both these issues.
    Pattymd
    Senior Member
    Last edited by Pattymd; 05-12-2010, 11:18 AM.

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  • robdef42
    Junior Member

  • robdef42
    started a topic Do I Have a Case Connecticut

    Do I Have a Case Connecticut

    Back in February I had requested an FMLA leave for my own personal medical issue. I was going to be treated for an addiction and let my employer know this (probably a mistake).

    I took the paperwork to my doctor and he didn't have time to fill them out but would do so on my next visit. He asked me when I needed them. On the front of the form it stated that the medical form needed to be returned within 15 days of request. I had just asked for the leave that same day which was Jan 31.

    3 days later I recieved a form that I had a certified letter from my employer that they were unable to deliver because I was not home. I tried to pick it up twice, but it was still with the mail carrier. 4 days after recieving this notice, I recieved a letter from my employer claiming that I was terminated for not returning the forms. I recieved this letter on Feb 9 stating I was terminated as of February 5. I had never picked up the certified letter, but a copy was included in the regular mail letter and it stated that I was supposed to return the medical certification on February 1st which was only 24 hours after my request and I was not informed that they wanted it back so quick.

    I have had no contact with them since I found out I was terminated, but I do feel that it is a wrongful termination seeing as they terminated me within the 15 days that their form claimed I had to return the paperwork. I have NEVER had any reprimands and/or write ups and have been a very good employee. I have also won my unemployment case.

    Any input???
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