I was fired. Should I do something about it?

Discussion in 'Fibromyalgia Main Forum' started by pegasis, Apr 3, 2003.

  1. pegasis

    pegasis New Member

    I have fibro, chronic fatigue syndrom, irratable bowel syndrom, and have 3 spinal surgery's and won't allow them to do a fourth. I had gone out on medical to have a spinal surgery to put rods in my lower back. Do to a massive infection, I had to have a pick line (its a long term iv kinda) put in and on antibiotics through it 2 times a day. I had to ask for more time off until I could get better. Before surgery my company told me that they would keep my job for me and to just worry about getting better. (I was Captain of security at a warehouse. Dont need to tell you the pain involved there do I?lol) About 1 month if they could temperarily give my salary to my second in command who was in charge while I was gone. They next thing I know, I called to tell them I could return to work and they told me that they had given my site to the second in command. I was devistated. I left making $9.50 an hour and a job that I could physically do. They offered me a job at $6.25 that they knew I could not physically do. They then put me in as quitting or terminated ( not sure which one) and told me to turn in my uniforms because I refused to work a site. Aren't I protected by the law against this? It's been over 7 months so may be to late to do anything about it now. Anyone have any ideas? I just had my gall bladder out and they had to slice me open because of a bleeder. To put it midly I need to get back to work to pay medical bills and credit card debt. But, I can't seem to find a job I can physically do. No one will hire me with so many things wrong. I can't get into chat because it is saying I don't have Java virtual machine even though I do. So, either poast me or email me at melodyjace@earthlink.net. Thank you so much and sorry this is soooooo long! Biggest most gentle hugs and God bless!! Pegasis
  2. emttoni

    emttoni New Member

    Im not sure but I think if you have a medical reason, they cant fire you. Sorry that I cant help - really only just give my humble opinion -lol- but hopefully someone here can help you! ~ Toni
  3. pegasis

    pegasis New Member

    lol boy are you fast I just posted this lol!!!! Thank you for caring!!!!Pegasis
  4. emttoni

    emttoni New Member

    AHa! I see Im not the only nite owl that hangs out here! Actually, this is the first time in a long time Ive been up this late. Its kind of nice - quiet too! ~ Toni
  5. Frackie11382

    Frackie11382 New Member

    Especially if you'd been there a long time. I just went through a similar situation, where I was fired for "excessive absences." I had only been working for these people for like 6 months, so it wasn't worth the time and effort to fight them. In your case, your job should have been there and protected for at least 12 weeks. At least, that's what some people on here have told me. It's under the Family Medical Leave Act.

    Friends in Fibro,

    ~~Tara~~
  6. kredca4

    kredca4 New Member

    Here was my Experience, I fell on some stair's at work, I din't Heal fast enough and they replaced me, they Had to because it was a one of a Kind, at the time, Business.
    I drove a Photo Van, I picked up Film and then delivered the Prints back to the same location's. I was working at Hughes aircraft in Torrance, but I was working for a lab. I just went to about 4 locations on Hughes Plant Property, as a service to their Employee's. I fell on their Stairs.

    Turned out I couldn't sit in the Van for any lenght of time without it Hurting my back. So Dr. put me on Workmens Comp. till I could go back. They Hired a Temp. who turned out to take my job on a permaent base's.

    So then Workmens comp, started giving me trouble, they sent me to a person who Evoluvated me and the job I had last, and said I shoul have Rehab for a new job. The Ins. co didn't want to pay that, so I Sued them, and took a reaspnable Settlement. Of course the Lawyer's got the most of it, but it did Help me to get a new Career going, I became a Photographer, only to lose that to the dam dd's and other Physical conditions, had 3 operations in 18 months so I do have an idea of what you are going through.

    Get a Lawyer, who takes these case's on a Percentage, and you don't Pay if they don't win. They usually do, this Happens to a lot of folks, not just us, with our Syndromes, what a Shame, that we can't be sick without Stress.

    Then again, I can see it from their point of view, it was a One of a kind job, and they did need someone to work, and if I couldn't stay long enough and do the job Physically, well they had that right. But They should have been up Front and given me some sort of Servence Pay, not an offer they knew you could/ would have to Refuse.

    Get a Lawyer, where do youlive? I have a Friend who's a Lawyer, that handles cases like your's, and also get's the job done on SSDI. He lives in Central Ca., but he also Know's everyone, so I could ask him what kind of Lawyer to get for you.

    Sorry you had this experience, it sure makes you feel worthless to be Fired, it;s so much nicer when you Quit a job, smile,

    Sincerely
    kredca4
  7. kellbear

    kellbear New Member

    This is illegal. FMLA covers you for 12 weeks. Your employer MUST hold your job or one equal in pay to it. Get a lawyer.
  8. scottabir

    scottabir New Member

    What happened to me is that after I was diagnosed My supervisor just made my life complete hell until I quit (on my birthday). When I turned in my notice she had the nerve to start laughing!!! B****

    Abi
  9. pegasis

    pegasis New Member

    I really am glad that I have such good friends to help with the hard stuff. Thank you all so much for answering!!! I am sorry that it took so long to answer back but, I had gall bladder removal surgery and they had to open me up. One of the problems was trying to sit at the computer. It hurt my stomach to much. I am going to be talking to my hubby about your answers and I think we need to get a lawer. I am not sure that I can get the job back but, won't they have to offer a settlement or something that I can use for schooling to get a new job? Biggest hugs to all!!! pegasis (Melody)
  10. JLH

    JLH New Member

    get a lawyer! Also, if you are unable to work, have you considered applying for social security disability benefits? You have to have been not working for 12 months due to your problems before you can receive benefits; however, if you would apply now, by the time you are evaluated, it will probably be 12 months -- that is, if you can afford to be off work that many more months --- and it takes forever to get SSDI approved -- it isn't usually approved the first time and you have to appeal it a couple of times. Just a thought.
  11. coyote

    coyote New Member

    call the department in your state house that handles complaints against employers. They may ivestigate it for you.
    I also believe it is against the law to fire someone who is ill. If they told you they will keep your job, that is a verbal agreement.
    What you do really depends on what you want. What is the outcome you would like?
  12. RedB

    RedB New Member

    You can also apply for unemployment. I'm not sure if all states are the same, but in Michigan, you can collect for one year. If this is true where you live, you still have 5 months that you could be collecting.

    Kathy
  13. david_olenick

    david_olenick New Member

    you are an excellent candidate for it but many people fail to get treated for depression. SSA said this is a very neglected reason for people getting it. Be polite to everybody you talk to at SSA. One person can get you refused. At the wage you were getting SSA would be better for you. I was offered 18.50 per hour to go back to my old job but I know I can't handle a job. As much as I love to work. I can't do it!
    Good Luck
    David
  14. Seagull

    Seagull New Member

    depending on what state you live in. Here in Texas, you can only apply and receive unemployment if you are physically able to work or, if previously injured, your doctor releases you to go back to work. You have to show the unemployment agency that you are physically ready, able, and willing to go to work immediately. At least, this is what all I was told when I checked into applying for it (I could not get such a release from my doctor, so I did not qualify).
  15. LadyMT

    LadyMT New Member

    Your job should have been held for you under the Family Medical Leave Act for 12 weeks. That would be 12 weeks in a one year period. But... if the company you worked for was a small company they would not necessarily fall under FMLA. If I remember right it's 75 employees. If they do, they are required to give you written notice that your time under FMLA has started. If they haven't done that, then your time hasn't started yet. Does that make any sense? lol Hope this helps. Oh... and I am assuming you are in the US?
    [This Message was Edited on 04/24/2003]
  16. finnigan1229

    finnigan1229 New Member

    Another thing you should find out is whether or not you are in a right to work state. Basically they can come up with almost anything they want (as in you quit)in order to get rid of you and get somebody in there that can and will do the job. Don't mean to come off sounding nasty, but . . . business is business. If it goes to court or something they will just say that you refused to do the job they assigned to you.