Getting fired from work, question

**Sage** · 09-12-2007, 04:35 PM

My buddy called me up in panic telling me he thinks he might be getting laid off, but he is not sure and only speculating.

In a nutshell, he was out due to medical reason for over three months and everything is fully documented by doctors that he was not stable to come back to work. He got better sooner than predicted and was slacking off a bit until the free time/money eventually runs out.

At the gym, a co-worker saw his lifting and he said the co-worker approached him to strike a short convo since he has not seen him for a while. My buddy knows this guy and believes he told other co-workers he had seen him, which may eventually lead to the management and human resources department.

Basically, I told him not worry worth shit since all of his medical documents are in order if questioned up on his return, to let them know you were slowly just physically rehabilitating yourself on your own due to being bed confined for a few months.

The bottom line is, can the bro still get fired regardless?

**StoneGRMI** · 09-12-2007, 04:40 PM

What's his job? What was his injury? Did the doctors tell him he was supposed to be lifting? Did they tell him he can return?

**Sage** · 09-12-2007, 04:56 PM

Originally Posted by StoneGRMI

What's his job? What was his injury? Did the doctors tell him he was supposed to be lifting? Did they tell him he can return?

I don't really know exactly, but some type of white color desk job position. He mentioned having back injuries and not sure of all the details.

All I gathered is that he does have confirmed doctor's leave for another six weeks from work and is sweating not to get cut. Karma is a bitch and all, but per the legal system I don't think his employer is allowed to lay him off either way based on that alone unless his manager or someone from HR has seen him personally.

I am sure his co-worker would be employer’s credible source, but is it enough to let some one go?

**Big** · 09-12-2007, 04:56 PM

Many states are considered "hire at will" states, which means the employer doesn't even have to give a reason to terminate employment. There are some protected classes, so if one feels they have been terminated for race, religion, etc. then they can get a lawyer and fight it, otherwise they are just out of luck.

**bpm1** · 09-12-2007, 05:10 PM

Originally Posted by ImaGetBigger

Many states are considered "hire at will" states, which means the employer doesn't even have to give a reason to terminate employment. There are some protected classes, so if one feels they have been terminated for race, religion, etc. then they can get a lawyer and fight it, otherwise they are just out of luck.

az is this way as well, where r u?

**Amorphic** · 09-12-2007, 06:24 PM

It sounds odd that he would be able to be lifting if he was off work for an 'injury or medical problem.' If i was injured or ill i sure wouldnt be lifting. The only thing that may save him is if they doctor said he could lift, which to me wouldnt make too much sense. He might be out of a job. I dont think it looks too good from what i gather from this thread

***Doc.Sust*** · 09-12-2007, 06:28 PM

you can get fired for anything. but hey if they do, you can collect unemployment for 6 months.

**Big** · 09-12-2007, 06:34 PM

Originally Posted by Sage

He got better sooner than predicted and was slacking off a bit until the free time/money eventually runs out.

I've been in management for many years, and judging by the info in this post, personally I would say he deserved to be fired.

**Mogamedogz** · 09-12-2007, 06:56 PM

Originally Posted by ImaGetBigger

I've been in management for many years, and judging by the info in this post, personally I would say he deserved to be fired.

Agreed. I hate it when people milk the paid leave for fake injuries. I would fire his ass in a second.

**Sage** · 09-12-2007, 08:28 PM

I am not the one to pick sides since I agree with both, but there has to be some type of a job protection thing with Human Resources at every firm where they cannot fire you due to the injury. They granted and fully complied with requested time off due to medical reason.

**Sage** · 09-12-2007, 08:32 PM

Originally Posted by Doc.Sust

you can collect unemployment for 6 months.

thats the only "UP" thing about the entire situation.

**Big** · 09-12-2007, 08:33 PM

Originally Posted by Sage

I am not the one to pick sides since I agree with both, but there has to be some type of a job protection thing with Human Resources at every firm where they cannot fire you due to the injury. They granted and fully complied with requested time off due to medical reason.

we have fired many people in the 20 years I've been at my present job, who were on medical leave but were observed participating in activities viewed as being in excess of the requirements of their job description, some have gone to court yet we have never lost a case. The courts in general look down on fraud of any type.

**Sage** · 09-12-2007, 08:52 PM

Originally Posted by ImaGetBigger

we have fired many people in the 20 years I've been at my present job, who were on medical leave but were observed participating in activities viewed as being in excess of the requirements of their job description, some have gone to court yet we have never lost a case. The courts in general look down on fraud of any type.

Wow, in that case he definitely got himself into some serious shit no doubt. When he told me about this encounter, I did not think of it much, but now the outcome might be more severe after all.

Technically, he might get terminated on his first day back and NOT within the period of already approved medical leave, right?

**Big** · 09-12-2007, 09:07 PM

Originally Posted by Sage

Wow, in that case he definitely got himself into some serious shit no doubt. When he told me about this encounter, I did not think of it much, but now the outcome might be more severe after all.

Technically, he might get terminated on his first day back and NOT within the period of already approved medical leave, right?

correct. I hope they just give him a warning and he learns from it, but if it was where I work they would wait till he's released, then have him report to H.R. upon his return and tell him his services are no longer required. Additionally, if there was a report by a co-worker, our investigations department would notify his physician of the situation, making it less than likely for his medical leave to be extended.

**Sage** · 09-12-2007, 09:15 PM

Originally Posted by ImaGetBigger

correct. I hope they just give him a warning and he learns from it, but if it was where I work they would wait till he's released, then have him report to H.R. upon his return and tell him his services are no longer required. Additionally, if there was a report by a co-worker, our investigations department would notify his physician of the situation, making it less than likely for his medical leave to be extended.

That is really good info and I am sure it is the experience talking. Basically, I'll paraphrase tomorrow what you've said.

It is never early to start launching the job hunt as well, especially in the predicament he got himself into.