Double encumber my position?

[cbg]

If you are asking under what circumstances I personally would fire someone when their FMLA entitlement is up, the answer is it depends. How many people know how to do that particular person's function? Do I have 20 people who can cover for that person, or one, or none at all? Can that person's duties be easily shared out among other employees temporarily, or does the specific position require that there be someone in it full time? How much longer does the person expect to be out beyond the 12 weeks? One additional week, or another 12 months? Would it take longer to train a new person in the position, or to wait out the additional time the original employee needed? There are lots of factors I would take into consideration; these are only some of them.

But if you are asking what the law says, the law does not require that an employer has grounds to fire someone. The law says that as soon as the person has exhausted their FMLA, the employer may legally fire them. And no, the doctors do not have any say in it. The doctor does not run the employer's business. Once FMLA has expired, a doctor's note has no force in law.

 

[seniorjudge]

Let's cut to the bottom line here:

cbg knows what he/she is talking about and has been exceptionally patient with a person who will not listen to the correct answers.

msmarie will not accept answers that are correct.

 

[msmarie]

You can agree to disagree with anything people say just because people post answers on here it is up to the individual to decide if it is fact or not and that is what this forum is about, It is not for people to be judgemental or argumentative. I asked my questions and I accepted the answers, opinions, advice or whatever you want to call it, and moved on. Not everyone's situation is the same and I understand your opinion and I respect your thoughts, as I wish you to respect mine. Case is closed. CMG answered my posts and was nice enough to do so and it was between us, I am sorry you see things differently. Take care and no harm was intended either which way. I still respect others and do not use this forum for other means then knowledge. I am in too much pain and suffering now to worry about things people say that are hurtful. WE have enough people in this world who are insensitive to others and my if I came across as being not listening or accepting then that is how you percieved it, not me. I am very open minded to alot of things and I understand your frustration also. Please understand mine and God Bless You. GGood nite.

 

[garrula lingua]

It's easier to kill the messenger of bad news, than it is to deal with the cold, hard, facts.

CBG is correct. I am a graduate of one of the top twenty law schools.

CBG can run rings around me in the area of employment, and disability.
And yes, I took employment law & worked in the area in the beginning of my career.

CBG is correct, and was very kind in offering information (this post & many others).

If you are a member of a union, check with them - your MOU may provide greater benefits than the law requires (I suspect yours does); I believe CBG was telling you that...

I hope you fare well with your illness, just concentrate on getting well.
It sounds like you are covered for STD & probably Ltd.

Get well.

 

[msmarie]

Thank you for your comments and no I am not in a union. What does MOB mean? Yes I understand CMG posts, I was just confused and shocked to know they could do terminate you after your FMLA is up. As I have no control over this and I am going in for the surgery, it just has added more stress on top of stress for me now. Your right I will concentrate on getting better and just pray for whatever the future holds for me with my job. As I have a house, and I am a single mother with a child of course I have alot on my mind now and dont want to worry about the job but it is my lifeline and has been for 20 years I want to get better and finish my career for my retirement. I have had nothing but excellent reviews and I have nothing at all in my file about being a bad employee, its just my health issues and missing work due to not being able to sit long or stand that has caused me to be out on disability. And I dont know how long the recuperation is after a back fusion, This will be my second back surgery in 5 years and I am praying for a quick recovery so I can get back on my feet. Thank you for replying I appreciate all the comments you all have sent me. Have a great day.

Sincerely Msmarie

 

[cbg]

It's CBG, not CMG. The least you could do, after all the grief you've been giving me, is get my name right.

SeniorJudge and garrula linga, thank you for the support.

 

[justalayman]

It's CBG, not CMG. The least you could do, after all the grief you've been giving me, is get my name right.

SeniorJudge and garrula linga, thank you for the support.

garrula lingua,,,,,,,,,,that would be with a U

 

[msmarie]

EXCUSE ME FOR NOT GETTING THE INITIALS RIGHT. LOL the next post. And I am sorry if you thought I was giving you grief. Grief is something you put on yourself no one can put it on you. That is your opinion and no one elses, I think some of you take things too personal on this site and think you know the answer to everything in life. Dont stress out about it and thanks for such compassion also.
Msm

 

[cbg]

mea culpa, guys.

 

[cbg]

Gee, marie, I'm awfully sorry I took having everything I say challenged as being grief or argumentative.

I'm beginning to get the rules of this game. You're allowed to tell me I'm wrong, on no basis except that you don't want the answer to be what I'm telling you, and if I defend my answers I'm being argumentative. It's okay for you to challenge everything I say, but if I have any problems with having my (correct, and two lawyers have backed me up) answers being shot down, I"m only "perceiving" you as being argumentative.

Well, guess what, cookie, you need to take a little of your own advice and start thinking about what YOUR responses sound like from this side of the computer screen. I have feelings too, you know, and constantly being told, "you're wrong" when I'm not wrong, or constantly being challenged, "Are you SURE that's the way it is in Florida" or "for government employees" when I check my answers before I post anything isn't any picnic. I volunteer my time here; I don't get paid for a minute of the time I wasted trying to answer your questions, and it'll be a cold day in hell before I spend any more of it on someone who thinks she knows better than everyone else. I tried to answer your questions as nicely and politely as I could and got nothing but grief for it, and don't give me that innocent, oh, I never meant, you only perceived act. I'm not buying. You know exactly what I'm talking about, and if you don't, just go back and read your answers again.

Have a nice life; I'm out of here.

 

[msmarie]

Sir I dont know why you go on and on with this. You seem to be very defensive I allready forgot about these (nice and polite as) you stated posts of yours. I did say however I am glad that you are not one of our human resources personell. I dont care how many attorneys or friends you have on here that back you up with what you say, this is a free advice forum and if your feel everything you responded to me was appropriate then thats your opinion, why do you bother sending me mail with all the jargon? I guess you can say you know also about companies that are covered by the American with Disabilities Act (ADA) too, or that may be another topic for another area. You state this and that about me, if you look over some of the tone of typing you sent to me thats what I would call grief, but who cares now get on with it and forget about it unless there is something thats bothering you and it has nothing to do with me. I have moved on and I can not concern myself with all this back and forth stuff, I am having a surgery soon, YOUR not in my shoes and as far as having any compassion for people you rate not too good with me. Try to have some compassion for people even the ones that dont adhere to every word you say. To me sir your taking this a little too far and a little too personal, and I dont appreciate it so you dont have to go on and on with me over it. Peace be with you and thanks again for your feedback, or constructive critisim (oops spelling may be wrong)whichever it was you were trying to accomplish here with my posts.

 

[msmarie]

Oops I Forgot My Name Is Not Cookie Either