Employee Work Place Rights:

[TITANIUM]

My wife has been in and out of the hospital for the last 3 weeks.This week they sent an e-mail implying that she was not sick, nor in the hospital.They asked for 3 things:
1).Proof that she was indeed in the hospital.
2).That the time out was medically necessary.
3).An estimated time she would be back to work.

So,I called the doctor's office, who she was and still is under the care of,and they wrote a letter saying that she was in the hospital, having tests,and had a acute illness.They also wrote that it is against the law to fire someone for an acute illness.

I sent the letter certified mail to her employer, as well as an e-mail of the letter.I did receive a letter from her employer saying the same thing.

So today She gets a call from her employer's attorney!He said that because there was under 50 people working for the company, that FLMA did not apply to this.I pointed out that Massachusetts state law protects you down to just employment of 25 people.Now, there is not 25 people working for the company.

The conversation went on, and I explained that I understand what those particular laws are, but this is a acute illness which is out of her control.I said that it would be up to the doctor as to when she could return to work.

Anyways, he is the company's employment attorney, and said that because they are an "at will" employer, that these laws did not apply to my wifes situation.And if she did not come to work by next Monday, that would constitute her resignation, and she would be terminated.

They also refuse to pay her for her sick days and vacation days.She has been there for a year and a half.It's a screwed up way to run a company, and we had to borrow money to pay the monthly bills.

So, with this being a documented sickness, with three hospital stays,(the last one was 7 days),and being under the care of a physician, does she have rights? I told the attorney that if she was terminated, that I would challenge it.But I just want her to start working again and feeling better.

I feel the last thing someone should have to worry about is there job when there sick.I think that she would have a wrongful dismissal lawsuit.But I'm not a lawyer.And we don't have enough money now th hire a lawyer to pursue the matter.Litigation gets expensive real fast.

Any feedback on employees rights and someone who may know Massachusetts law, would be of great assistance to us.

All this stress is just screwing up her recovery, and is counter productive, to say the least.If I had money, I would sue the company in a heartbeat, and f*cking burn the place to the ground!But what would that relay solve, but short term self pleasure.

I guess she could contact the state's attorney's general, and look into the state's labor laws, but I think that route is not going to prove beneficial.

[Hoggage_54]

I don't know Mass. laws, but if you can, record future phone conversations. Don't let any company lawyer push you around.

[Hoggage_54]

And don't tell them you are recording the conversation, if that is legal...

[CHAP]

If there ATTORNEY is calling you it is past time to fix this. I would PLAN on getting my own attorney making a case asap after her termination so that you can win.

And begin looking for her a new job. Why would you or her want to go back there after this situation.

[TITANIUM]

I hate these lawyer's that are on retainer.The Company has the money for that, but won't pay her the sick pay or vaca time!People get sick,it eventually happens to all of us.

[TITANIUM]

She was lookong for a new job before this shit went down.I don't want her to go back, but it's a bridge to another job.When she finds something, she'll quit.

[CHAP]

I just think that they think of her a a lability now and want to get her back asap to let her go.

And this will make it near impossible for you to file a lawsuit and win .

But if she has been out 3 weeks they are to the point where they need to do what ever needs to be done to fill the space.

It is just a BAD situation that you guys are in.

[TITANIUM]

No shit! Tell me about it.As soon as she gets back to work, they will let her go.In that way circumventing the legalities of the sickness being documented.

[CHAP]

Does she make alot of money???

[TITANIUM]

No' not really.

[TITANIUM]

I see HD is reading this.Any thoughts?

[higherdesire]

First of all what is a company with less than 25 employees doing with an attorney on retainer. Doesn't sit with me as being true. Second of all FMLA does not apply to all companies becasue it is not fair for small businesses.

Having said that call around to a few firms that are basically suit hungry ambulance chaser types. Soem representation is better than none, and atleast you can get a few free consultations to get a better understanding of your rights.

In the mean time polish up her resume. She will need another job either way. Good luck.

[TITANIUM]

Thanks for the imput.I was thinking the same thing.I know a excellent attorney, but he's not cheap.He practices all aspects of law.He never takes a case that he knows he can't win.I think I'm pissing on a fan with this one.

[higherdesire]

these things canconsume your life and you have to wiegh that against the reward. if she isn't making a lot of money (100k+) your recovery shoul dbe rather nominal axcept under extremely unusual circumstances. My advice move on if she can't get back to work, aftger you have had two or three free initial consultations.

[TITANIUM]

Exactly.It's not half that much per year.And we are hopefully going to move next year anyways.The end result has to justify the means of getting there.The job market isn't very viable right now.I can handle it.But, she isn't as strong as I am.So, I have to be strong for both of us.It's a good relationship.

[higherdesire]

Youa re the man here bro. I have a great deal of respect for what you just said. carry the ball across the finish line. You can handle it one way or the other. You are the engineer of your destiny. best of luck.

[TITANIUM]

Consults are free.Maybe I can try to control the amount of collateral damage.If they want her case,maybe a letter from my attorney will insulate her somewhat. I hate this kind of unnecessary bullshit complicating my life.

[TITANIUM]

I'll hit the ball out of the park, if push comes to shove.But as you get older, and more mature, you realize that you need to pick your battles.I appreciate your words of wisdom, as usual.

[higherdesire]

yeah word, just don;t let it take over your life and distract you from the real prize. Insulate your wife and promote her to something more beneficial and turn it into a positive. This is the begining of a new high, not a new low.

Signed,
Mr Positive

[TITANIUM]

You know I respect you guys.That is the beauty of an open forum.See, I feel better.Having a conversation with rational,mature,educated members, like yourselves, is why I post such things like this.

She's sleeping now, on pain meds.I got her eating now.Just got discharged this morning.I hate seeing what this does to her.But such is life's journeys.And things will become positive, but making her realize, in such bleak times, can prove to be difficult.

[Altoidmike]

http://www.mass.gov/Ehrd/docs/polici...tion/guide.pdf

You may be eligible to receive up to twelve (12) weeks per year, of unpaid, job protected leave for certain family and medical reasons under the Family and Medical Leave Act of 1993 (FMLA). However, the Commonwealth provides you with a more extensive Family and Medical Leave benefit. Certain kinds of your paid leave may be substituted for unpaid leave in accordance with various collective bargaining agreements or RedBook. Please review your respective collective bargaining agreement or contact your Human Resources Representative if you have questions.

[Altoidmike]

Employee Eligibility
The regulations do not alter the basic FMLA eligibility requirements. Employees must have been employed by the employer for at least 12 months, have at least 1,250 hours of service during the 12-month period immediately preceding the leave, and work at a location where at least 50 employees are employed by the employer within 75 miles. Time spent on vacation or sick leave may be applied towards the 12-month requirement, provided the employee is maintained on the payroll and is receiving other benefits from the employer (e.g., workers’ compensation, group health plan benefits).
While the 12 months of employment need not be consecutive, the final regulations clarify that employers do not generally have to count employment periods prior to a break in service of seven years or more. Regardless of the length of the service break, prior service does count towards the 12-month requirement if the employee was fulfilling his or her National Guard or Reserve military service obligations or the employee was on an approved absence or unpaid leave (e.g., for education or childrearing) in accordance with a written agreement or collective bargaining agreement affirming the employer’s intent to rehire the employee. Time spent in military service is
3

http://www.buckconsultants.com/buckc...I_01_15_09.pdf

[Altoidmike]

http://www.dol.gov/esa/whd/fmla/fina...FMLAPoster.pdf

[Altoidmike]

Happy reading!

[gixxerboy1]

yes if they are a an "at will employer" and that small of a company they can just let her go.

also if she is out on Dr's orders most states have temporary disability. Should would be able to collect and they can't fire her while she is out. I would look into filing a claim if she qualifies.

[TITANIUM]

Thanks for the help.But FMLA is a grey area when there is 50 people or less.And at the state level , it's 25 people.I already knew this.It's all a set-up to let her go when she goes back.Sometimes you have to listen to what's not being said, to understand what actually is being said.She needs to find a new job asap, and walk away from this.It's the healthy and more realistic course of action.I know it's not fair, but life rarely is.......

My dad used to say that there is no such thing as fair. He said fair is something you go to ...He was a very wise man.

[gixxerboy1]

If your wife is a good employee and good at her job they arent going to want to replace her. I dont know what she does but it it takes time and money to hire and train someone. It would be easier for them if she just returned to work. Can she return before next week?

[TITANIUM]

gixxerboy1-good point.Never thought of that.I think it doesn't pay much.But she would be eligible.It would be better to have something coming in as to nothing coming in.But, she still needs to find a healthy job.They will let her go for anything at all.That's what the end result of all this is going to be.

[Altoidmike]

Thanks for the help.But FMLA is a grey area when there is 50 people or less.And at the state level , it's 25 people.I already knew this.It's all a set-up to let her go when she goes back.Sometimes you have to listen to what's not being said, to understand what actually is being said.She needs to find a new job asap, and walk away from this.It's the healthy and more realistic course of action.I know it's not fair, but life rarely is.......

My dad used to say that there is no such thing as fair. He said fair is something you go to ...He was a very wise man.

Don't you just love MA? I can't wait to move out of here. The best thing you can do cause I am sure that you gf is very stressed out right now. On your free time look for jobs she might be interested in. As said in a previous post work with her on sharpening up her resume, unfortunately the end of her current job is here (I don't know how her boss can sleep at night). Make the best out of a bad situation it will relive stress from the both of you instead of thinking about her current job.

[TITANIUM]

Yes, next Monday or else.There is no one else there that does what she does.That's initially what I thought was driving this.It's a gamble.I've been wrong before, but after the lawyer calling, I tend to believe that ill will intentions are at play here.

[gixxerboy1]

Yes, next Monday or else.There is no one else there that does what she does.That's initially what I thought was driving this.It's a gamble.I've been wrong before, but after the lawyer calling, I tend to believe that ill will intentions are at play here.

If she is really the only one that can do that job they might just be desperate. They cant keep wondering if or when she will be back. If its that small of a business the owner may be worried about stuff getting to backed up and might just want to move on if she will be out for more weeks. If they gave her another week to come back it sounds like they want her back, They could have just fired her now.

[TITANIUM]

Altoidmike- that's what we are doing.It's all over, and a new chapter begins. And some people just do not have problems sleeping at night due to the fact they have no morals, scruples, or conscience.What goes around comes around.His day will be on the horizon someday.

[TITANIUM]

Gixxer- This is true.But, they may think that it's a bad idea under a doctor's care.I told her to find something else and move on.She asked me what she should do when she goes back?I said don't say shit to anyone about anything.It will only make things worse.Let's hope it's desperation on the company's part.

[TITANIUM]

Altoidmike-You can have the apartment here in Mass when we move out of here!!!LOL Austin, TX or bust!!!(LOVE TEXAS)!!!!

[TITANIUM]

Signing off for tonight.Us old guys get tierd early.10:30 PM est time.These last 3 weeks have been exhausting.Thanks for all the feedback.You guys are great.

Sincerely;
Titanium

[gixxerboy1]

Altoidmike-You can have the apartment here in Mass when we move out of here!!!LOL Austin, TX or bust!!!(LOVE TEXAS)!!!!

you can have my place in Texas. We cant wait to get the hell out of here