I just got fired!!!!

[3sEnough]

After all the stress I'm currently going through regarding my own health, family health and finances I just received the call this morning that I've been terminated from my position.

The reason - I'm still on disability and they need to fill the position. No other reason. I asked,"So when my dr does release me then I have no job?" Their response, "Correct. Your position with the company is terminated."

I immediately called dh and he is now worried about my health status. Stress is a HUGE trigger for my n/v. Everytime it has gotten severly out of control it's because I've endured too much stress.

I only have three more weeks to go. Just three!

[C&G'sMommy]

OMG Jessica I'm so sorry! If you need anything just let me know!

[catsandfrogs]

Are they even allowed to do that????

I'm so sorry ... you know, when a door closes another opens. I bet you'll end up just fine and in a better position that where you were.

try not to worry too much about it, enjoy the time with your baby while you can.

[m.ij05]

What GREAT timing on their part! Are the within their rights to terminate you if you're out on disability???

[krdoty]

Are they even allowed to do that????

That depends on a few things.
Does FMLA apply? The company has to have a certain number of employees (50?) in a certain (100 mile?) radius for FMLA to come into play. Then the employee has to have worked a certain number of hours in the last year with that employer.
If FMLA applies, have all hours (12 weeks, I think) allotted by FMLA already been used up?
Are there more stringent state laws in place?

Legal or not, that just sucks.

[sarah23]

Oh, for heaven's sake! Just goes to show us how inequatable labor laws are in this country.

[Hilary]

That sounds a little shady to me...not very legal, let alone ethical! I would totally start documenting and go through all of the employment stuff they gave you! I hope everything works out!

[kyatksn]

I would be on the phone w/ EEOC immediately- check to see if they are within their legal limits to do this. I am so sorry- you don't need the extra stress!!

[3sEnough]

In TX you can be fired just for giving someone a facial expression they didn't like.

I've applied for Unemployment. If that doesn't go through then I'll be filing a complaint with EEOC. I was told that I do have a lot of options but I do need to take them one at a time. I prefer to recieve unemployment benefits...a lot less stressful.

BTW, the nausea is kicking my butt. I'm starving so I try to eat and only find myself feeling worse. I try to only take in liquids and have the same result. Yep, if I can't get myself to calm down QUICKLY then I'm heading into a spiral. Doesn't help that I'm in constant pain from ctx - they started intensely on Saturday and I started losing my plug. My body reacts to pain by vomiting (only when pg).

I am scared. I can't seem to fully process what happened - I'm aware, but clearly in a total state of shock. I even said that to the CFO that made the call - I'm just shocked. I totally understand them needing to fill the position, but then be told that there is no opportunity to have any position after medical release.

In TX they fully go by the 12wk disability that falls under FMLA even if the company does not qualify for FMLA. Catch, pregnancy illnesses are reviewed as exceptions and I have a lot of government support regarding the situation, as long as I'm willing to take on the fight.

[MichellevsHG]

FMLA leave is different from Disability. Are you out on disability or FMLA? Did you sign a contract with them upon hiring?

I agree with Kylla - you need to call the EEOC IMMEDIATELY. Filing a claim with them is free.

Found some info for you. (The Texas Labor Law site is ridiculous.)

http://public.findlaw.com/bookshelf-wor ... HP4_h.html

[MichellevsHG]

Yes, such government offices as the Dept of Human Rights and the American Disability Act are there to protect people exactly in your situation.

If you file with the the DHR, they will investigate.

Here's info on a case in MN:

http://www.humanrights.state.mn.us/rson ... case2.html

BTW - I'm an officer for a union that represents over 150 employees, so I know a lot needless labor law stuff. Unfortunately, I live in PA and not TX. PM me if you need more info. I'll do what I can to help.

[3sEnough]

I am out on disability - unpaid. My employer has been fully informed by me of my health status and provided copies of insurance forms completed by my dr. the entire time.

Because the company is so small they do not have to abide by FMLA rules, but the state still recognizes 12wks unpaid for pg disability as a protected time period (basically the same as FMLA). EEOC commented that if I qualify for unemployment benefits, then that is my best route. They would be able to fight for me to have a position with the company or recieve a payment of restitution but it would be considerably less than my unemployment benefits.

However, the biggest point is - in TX if you have issues that create a problem for your employment then you can be fired. All 100% legal - especially since I have been on disability almost 7 Months. It also didn't help me any that I was out for 4wks earlier in the year (2006) recoving from emergency eye surgery for an injury that I received the previous year.

[tmb]

I too lost my job while pg with #3 and I live in Texas. I was put on bed rest at 11 weeks in April and was called by HR in June and told to come in and fill out the papers. Due to FMLA, medical disability, and general supervisory "suckiness" I finally caved and signed the resignation letter. Every time I tried to fight it I ended up relapsing with the N/V so in the end, I just gave up. As it turns out, if I had lasted 3 more weeks I wouldn't have been asked to leave as the supervisor left the job. ACK! It wasn't fair and I still get angry, but now I am s SAHM with 3 wonderful boys and some days I don't even miss the pay check.

[mammaclare]

CROSSPOST


Couple of things...(and none are really grezt news, but I don't want to sugar coat...):

Someone on Ins/Employment forum replied with this:

Posted: Jun 04, 2007 5:23 pm Post subject:
FMLA leave is different from Disability. Are you out on disability or FMLA?

Most companies in the private sector that I've come across require you to run your FMLA concurrent to any disability or medical leave--paid or unpaid. For example, I was on disability for 16 weeks w/ Rory for the HG...I was paid via our short term disability, but also exhausted all 12 weeks of FMLA benefits at the same time so that I had none left when I delivered and had to return to work at 6 weeks pp. Same w/ Kieran except I had 2 leaves on STD--first was for the HG and was 13 weeks, the second was for threatened pre-eclampsia and was 9.5 weeks...again I was paid through the STD policy but clearly LONG past exhausted any FMLA.

Basically, regardless of the TYPE of leave you are taking, and regardless of whether your employer pays disability or it is an unpaid leave...if it qualifies under FMLA (your own health or that of a child or spouse) then they can legally claim the disability weeks or medical leave weeks as ALSO being part of the 12 week max on legal job protection.

My company held my job. Twice (well three times if you count the two leaves w/ Kieran separately). I am SO loyal to them now, because any of the times I was off after 12 weeks in a rolling 12 months, they could legally have replaced me.

So, sadly, even if your company DID fall under the FMLA rules, they still could legally terminate you after 7 mos of absence. It seems cruel, and I guess it IS, but they are under no obligation to hold your job after 12 weeks (again, regardless of whether you are receiving disability pay or it is unpaid). If they are under FMLA rules, as I understand it, the one thing they would have to do is to offer you something similar IF THEY HAVE IT as long as you come back w/in a year...but many times there is no open position or it is across the country or whatever--few people utilize that part of the FMLA rules.

Do I think it is RIGHT? FAIR? Not really, but it just IS.

SO SORRY. Please, try and take care of yourself, deliver a healthy baby and then figure the rest out later.

[MichellevsHG]

3s - glad you talked to the EEOC and they were able to give you some advice on what to do next. At least they are aware of the situation and should you be denied unemployment benefits, I would immediatey call them back. You are protected under the ADA and the Office of Human Rights - regardless of your disability leave.

[nataliej19]

i'm so sorry they terminated you--it really isn't fair. it's not like you are choosing to be sick and stuck at home. i hope you can find another job after your baby is born--hopefully with more understanding people.

[3sEnough]

Well, due to the increased stress I am now being induced. The baby is perfect in size and my ob strongly believes he is able to thrive more on the outside...plus it helps that I am technically full term. I am having the baby this week and to be honest, right now, could care less about the job or pay check. Plus we just found out that dh is more than likely getting a promotion that will take place in just a matter of weeks.

Dh said that now I can truly decide if I want to become a SAHM or go back to work. It is truly my decision with no obligations trying to sway my decision (i.e., existing employment, $$$). I remember when I was little all I wanted to be was a mommy and work with children. My mom said maybe that is what I'm supposed to be...a mommy working with my children. We'll see what I decide after I have my little one. All I can think about right now is holding my baby and introducing him to his brothers.