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Old 10-14-2009, 04:16 PM
 
Location: San Antonio, TX
8,400 posts, read 20,075,328 times
Reputation: 4435

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Remember, right or wrong, ethical or unethical, all are personal judgments and/or opinions; but the law is the law!

Under FMLA you were given the 12 weeks per 12 month period, and since you are unable to go back to work after that, your employer has violate no laws in letting you go.

Also, honestly I would expect people to pay for their benefits even though they were on unpaid leave. Those don't come free to the company and why should they be required to pay for them if their employees aren't on paid leave or working? I don't think that policy is any different with most companies.

Regardless, if you think you have a valid complaint, then go talk to a lawyer. However, Texas' "at will" employment laws will most likely favor your employer in this case. "At will" means they don't need a reason, you can be terminated for ANY reason.

But if you want to pursue this, I would advise researching further here: Welcome to the Texas Workforce Commission
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Old 10-14-2009, 04:24 PM
 
124 posts, read 226,926 times
Reputation: 55
Quote:
Originally Posted by Li'l_Bit View Post
I see. So anyone with a valid complaint should just look the other way instead of trying to make sure it never happens again? Nice.
No maybe you do not - the purpose of a forum is to help people see more that one point of view and therefore help them make an informed decision.
I am not arguing the merits of her position but I do feel that she should know the consequences of her actions.

Maybe you should have encouraged her to file a lawsuit and let her find out later the consequences of her actions. I am sure that you would have provided her with more good advice at that time.
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Old 10-14-2009, 04:32 PM
 
Location: NW near Sea World...and in a house
546 posts, read 1,310,253 times
Reputation: 331
Quote:
Originally Posted by majormadmax View Post
Remember, right or wrong, ethical or unethical, all are personal judgments and/or opinions; but the law is the law!

Under FMLA you were given the 12 weeks per 12 month period, and since you are unable to go back to work after that, your employer has violate no laws in letting you go.

Also, honestly I would expect people to pay for their benefits even though they were on unpaid leave. Those don't come free to the company and why should they be required to pay for them if their employees aren't on paid leave or working? I don't think that policy is any different with most companies.

Regardless, if you think you have a valid complaint, then go talk to a lawyer. However, Texas' "at will" employment laws will most likely favor your employer in this case. "At will" means they don't need a reason, you can be terminated for ANY reason.

But if you want to pursue this, I would advise researching further here: Welcome to the Texas Workforce Commission
THE PROBLEM IS THAT I WAS OK TO WORK THE COMPANY CHOSE TO FORCE ME ON FMLA to "burn out my time."
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Old 10-14-2009, 04:38 PM
Status: "just keep scrolling then?" (set 8 days ago)
 
14,603 posts, read 31,102,271 times
Reputation: 6634
Quote:
Originally Posted by mrsb057 View Post
2 weeks before my due date is pretty ****ty. For the manager that terminated me to also have to nerve to tell me "Enjoy this special time in your life its very special" is a slap in the face. How can i enjoy it when im losing the benefits and pay that will provide for my unborn son, stressed that i may be paying out of pocket to have my son?? You just would think a company that prides itself on work life balance and accommodations would be a little bit more compassionate. Had they accommodated the work request my doctor submitted i would still be at work and wouldnt be typing this or stressed that my son will not have health care.

I agree it's ****ty. I also agree that your manager wasn't thinking when she said what she said. I'm sure everyone on here feels badly for you--it's supposed to be a joyous time in your life and for you it's turning into a nightmare. I wish we could help.

That said, it's time to pick yourself up by the bootstraps and hopefully, collectively, we can figure out what you need to do, who you can contact. I'm sure it's not what you want to hear, but do you qualify for any type of assistance? I've got no experience in that arena, but in this economy, none of us (except you richers, I know) are immune. Your health and the health of your son are the most important thing right now, so getting him on some plan be it Medicaid, Carelink, or the CHIP plan is crucial.

Does anyone have advice for her regarding these health plans? Does anyone have helpful suggestions for RIGHT NOW--the lawyer thing can wait, IMO, if you are going to pursue that route, but you have more immediate needs to take care of right now.

I hope you have some family support, too, or close friends. Keep us posted....
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Old 10-14-2009, 04:38 PM
 
Location: NW near Sea World...and in a house
546 posts, read 1,310,253 times
Reputation: 331
Quote:
Originally Posted by FCF's Wife View Post
I was going to say that...you were able to work (just doc wanted you on light duty, doesn't seem like too much to ask). I don't know why this Major guy is "kicking you while you're down". Seems like an agenda to me.
You also said that this company has circa 22K employees...so it's not like it's a 3 person shop and they're missing one person.
I know "the law is the law" but geesh....just sayin'.
yes exactly
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Old 10-14-2009, 04:39 PM
 
Location: South Side
3,770 posts, read 7,266,545 times
Reputation: 2852
I dont understand how you were forced to go on FMLA? Was there some kind of wording in your doctor's note? Perhaps you were viewed as a liability. Usually STD runs concurrently with FMLA, once your STD/FMLA benefits run out, you should have the option to file for LTD (long term disability) provided its offered by your employer. Did you caseworker/HR Rep provide you this information? Also, have you confirmed that your health and welfare benefits will end at the date of seperation? Usually larger organizations offer an extended period of time (typically 30 days) after your seperation date. You may want to inquire about that. It doesn't appear your employer broke any laws. Good luck!

EDIT: Ooops didn't realize that others suggested medicaid/CHIP as well. -- Also, I know right now is an emotional time for you, and as hard as it is, please try not to get too upset over this situation for the sake of your baby. I know being blindsided especially in the middle of a life changing event, really sucks - but right now you need to be in a positive and peaceful state of mind and well being. Again, best of luck and God Bless.....
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Old 10-14-2009, 04:46 PM
 
Location: NW near Sea World...and in a house
546 posts, read 1,310,253 times
Reputation: 331
Quote:
Originally Posted by perticusrex View Post
I dont understand how you were forced to go on FMLA? Was there some kind of wording in your doctor's note? Perhaps you were viewed as a liability. Usually STD runs concurrently with FMLA, once your STD/FMLA benefits run out, you should have the option to file for LTD (long term disability) provided its offered by your employer. Did you caseworker/HR Rep provide you this information? Also, have you confirmed that your health and welfare benefits will end at the date of seperation? Usually larger organizations offer an extended period of time (typically 30 days) after your seperation date. You may want to inquire about that. It doesn't appear your employer broke any laws. Good luck!
No liability at all..My doctor wrote on the document that phone work causes significant stress and without knowing which callers will be irate and which ones wont it is best that i be taken off the phone and be allowed to do light office work. I saw the letter and document with my own eyes in no way did it say or hint that i would be a liability to my employer. Plenty of jobs at this company that dont require you to be on the phone..

My job was a claims adjuster...anyone who has ever worked in this profession knows how stressful it can be.

I reviewed the medical benefits plan pkt and it states this

The date you terminate employment with the Participating Employer. However, if you are
determined to be disabled under the Long-Term Disability (LTD) Benefit Program by the
appointed fiduciary of that program, your coverage under the Medical Care Program may continue even
though your employment ends. In addition, certain Retirees may be immediately eligible for coverage
under the Medical Care Program as a Retiree. See the separate summary booklet entitled.

I have short term.. and yes it runs with FMLA it is not the same. FMLA can be exhausted and I can still continue to receive STD. From what i gather they dont have to provide me health care while on STD only FMLA.

30days would be nice.
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Old 10-14-2009, 05:00 PM
 
Location: San Antonio, TX
8,400 posts, read 20,075,328 times
Reputation: 4435
Quote:
Originally Posted by FCF's Wife View Post
I was going to say that...you were able to work (just doc wanted you on light duty, doesn't seem like too much to ask). I don't know why this Major guy is "kicking you while you're down". Seems like an agenda to me.
You also said that this company has circa 22K employees...so it's not like it's a 3 person shop and they're missing one person.
I know "the law is the law" but geesh....just sayin'.
Yeah, I have an agenda here...

What I am clearly pointing out is that the OP has taken 12 weeks of unpaid leave under FMLA and since she is unable to work after that her employer let her go.

As there has been no violation under Texas law, a lawsuit would be frivolous and she would be hard pressed to find a competent lawyer to take her case.

Also, since Texas is an "at will" state; her former employer is not even required to even give a reason for letting her go. In this state, any employer can release any employee at any time, period; as long as no laws have been violated. As none have been here, it is plain and simple; and no amount of complaining about it is going to change anything.

So, instead of posting opinion, I am posting fact. No "agenda" necessary...
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Old 10-14-2009, 05:03 PM
 
897 posts, read 2,611,262 times
Reputation: 595
I feel for you, but do think you don't have much recourse. You would think a company with 22K employees could have put you on unpaid leave, or made some concessions, but I guess that is not the course they decided to take. Your manager did mention that you could be rehired, but there's no guarantee you will go back to your old job. You also indicated that you wouldn't want the old job back or to work for the old manager. So.....

I'd use this time as sapphire suggested, to bond with your new baby and find a new job or new career. If your husband has access to health insurance, you can switch over to his. Change of life circumstances should allow him to begin to use their insurance, even if it is in the middle of the year.

They say things happen for reasons. Maybe you were meant to end your association with the 22K company for something better. Good luck.
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Old 10-14-2009, 05:08 PM
 
Location: NW near Sea World...and in a house
546 posts, read 1,310,253 times
Reputation: 331
Quote:
Originally Posted by majormadmax View Post
Yeah, I have an agenda here...

What I am clearly pointing out is that the OP has taken 12 weeks of unpaid leave under FMLA and since she is unable to work after that her employer let her go.

As there has been no violation under Texas law, a lawsuit would be frivolous and she would be hard pressed to find a competent lawyer to take her case.

Also, since Texas is an "at will" state; her former employer is not even required to even give a reason for letting her go. In this state, any employer can release any employee at any time, period; as long as no laws have been violated. As none have been here, it is plain and simple; and no amount of complaining about it is going to change anything.

So, instead of posting opinion, I am posting fact. No "agenda" necessary...
Forcing someone to burn out fmla time because they just couldnt seem to accommodate???? How is that right?
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