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Old 11-30-2009, 02:18 AM
 
4,250 posts, read 10,448,045 times
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Being written up a couple of times and then breaking their leg? (which, of course, means time off work)

My friend has been written up for a couple of things (one serious - her bosses' mental health license is on the line) and has missed maybe three days of work in the past month. I would think she won't get fired following a broken leg, as she could turn around and sue them.

I hope she doesn't get fired
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Old 11-30-2009, 10:06 AM
 
Location: The #1 sunshine state, Arizona.
12,169 posts, read 17,640,761 times
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Quote:
Originally Posted by movin'on View Post
Being written up a couple of times and then breaking their leg? (which, of course, means time off work)

My friend has been written up for a couple of things (one serious - her bosses' mental health license is on the line) and has missed maybe three days of work in the past month. I would think she won't get fired following a broken leg, as she could turn around and sue them.

I hope she doesn't get fired
If it's a "Right to Work" state, she doesn't have a leg to stand on, so to speak.
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Old 11-30-2009, 10:07 AM
 
26,585 posts, read 62,020,627 times
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Did she break her leg on the job? What state?
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Old 11-30-2009, 10:12 AM
 
Location: Vermont
11,755 posts, read 14,644,267 times
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"Right to Work" (for less) has nothing to do with it.

If she was injured on the job it is probably covered by workers' comp and they probably can't fire her for it.

If she wasn't injured on the job, and the broken leg makes her unable to work, they can probably fire her, no problem.

In most states, most employment relationships are at will, which means the employee can be terminated for no reason or for any reason, assuming the reason does not violate some law or public policy, like racial or sexual discrimination or for reporting a workers' comp claim.

Your friend should talk to a lawyer who specializes in employment law if the worst happens.
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Old 11-30-2009, 10:50 AM
 
4,250 posts, read 10,448,045 times
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No, not injured on the job and in Arizona.

She'd been screwing up at work and broke her leg moving.

Arizona is not skewed in favor of the employee. I know one can be terminated at any time. However, given the fact she wasn't terminated after the screw ups, I am thinking now would be a very bad time for her employer to terminate her (considering a medical situation). Am I correct?
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Old 11-30-2009, 11:19 AM
 
Location: Stuck on the East Coast, hoping to head West
4,640 posts, read 11,930,296 times
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Originally Posted by movin'on View Post
No, not injured on the job and in Arizona.

She'd been screwing up at work and broke her leg moving.

Arizona is not skewed in favor of the employee. I know one can be terminated at any time. However, given the fact she wasn't terminated after the screw ups, I am thinking now would be a very bad time for her employer to terminate her (considering a medical situation). Am I correct?
My employer just let someone go who missed too much time due to a medical condition--and she had a doctor's note. She had also been written up a few times before. Similar circumstances to your friend.
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Old 11-30-2009, 11:32 AM
 
26,585 posts, read 62,020,627 times
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Quote:
Originally Posted by movin'on View Post
No, not injured on the job and in Arizona.

She'd been screwing up at work and broke her leg moving.

Arizona is not skewed in favor of the employee. I know one can be terminated at any time. However, given the fact she wasn't terminated after the screw ups, I am thinking now would be a very bad time for her employer to terminate her (considering a medical situation). Am I correct?
Not at all. If she can't do her job due to illness or imnjury, she can be terminated in all but a very few states. Sorry for the bad news.

What she might be able to do is file for FMLA is she otherwise qualifies until her leg is healed enough that she can go back to work without missing time for doctor or p/t appointments. If she has a disability policy, this would be the time to use it.
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