Is this even Legal?

[Queenkiller0214]

What is the name of your state (only U.S. law)? Georgia

I started working at Kroger (I would rather not say where) in Georgia because I missed in "HIS WORDS" 48 hours.

I went and completed the training at "Kroger University" the last 3 days I was NOT feeling well but sucked it up and went. Before my first day at the actual store I was burning up with a fever AT THE HIGHEST 105.4 (YES I WAS IN THE HOSPITAL),I went to my first day and TRIED MY VERY BEST to suck it up and work, I started feeling weak and could feel the fever coming back and the last straw was when I started throwing up. I was hired and working in the Deli. I talked to my manager and let them know that I was throwing up and WAS TOLD TO GO HOME GET BETTER.



I ended up in the hospital 3 other times after that because of my symptoms!!! The flu went around my house and I was the third to get it and then my child got sick and I was still burning up and throwing up and taking care of an 8 year old boy who acts like a 1 or 2 year old while sick. I went to the hospital AGAIN (4th time in a week maybe 6 days). I was burning up with a fever as low as 101.5 to as high as 105.4, throwing up, upset stomach, not able to breath right, throat killing me, sometimes my husband (who is disabled) had to help me walk to the bathroom and had to do everything because I was not able to. THE LAST TIME I WENT TO THE HOSPITAL I FOUND OUT THAT I HAD PNUMONIA AND NODULES ON MY THYROID (WHICH TURNED OUT TO BE CANCER) BECAUSE THEY DID A CT SCAN!!!!!!!!!



I CALLED KROGER EVERY SINGLE DAY AND LET THEM KNOW WHAT WAS GOING ON. On Monday of this week (May 25) I talked to the store manager after another associate informed me of them firing a woman who was 6 months pregnant because she did not disclose that to them and they might fire me because I did not disclose to them that I had thyroid cancer. (I DID NOT KNOW I JUST FOUND OUT!!!!! AND I CALLED THEM AND TOLD THEM RIGHT AFTER I FOUND OUT TO INFORM THEM OF BOTH MY PNUMONIA AND THYROID CANCER!!!!!!!! ). He told me that I had nothing to worry about that I was not getting fired.

Fast forward to today May 30. I went in at 11am and went to talk to the manager about my biopsy (to see what stage cancer I have) and my recovery time (my biopsy is on a Monday and I wanted Tuesday off because I am not about able to work on Wednesday and Thursday) I was going to tell him I was willing to work that Thursday and Friday Saturday and Sunday.

I busted my ass ALL day doing things that I normally don't do because it's not on the list of my job duties, and I had NOT one bit of trouble with doing it... At 4:30ish I was called to the office and that's when I was told I have 2 options I could either be suspended and NOT be able to ever come back to work at Kroger or I could write a note saying I was voluntarily quitting because of my health. I FELT I HAD NO CHOICES IN THE MATTER BECAUSE THEY SAID I MISSED "HIS WORDS 48 HOURS" EVEN THO I HAD PNUMONIA AND AT THIS TIME I HAVE WALKING PNUMONIA AND THYROID CANCER....



HOW IS THIS FAIR OR EVEN LEGAL????? IS THERE ANYTHING THAT I CAN DO? THERE WAS DAYS THAT I WOULD WORK AN 8 HOUR SHIFT AND NOT GET ANY BREAKS WHEN IT WAS TIME TO TAKE MY MEDICATION I HAD TO RUN AND TAKE IT AND COME BACK AS FAST AS I COULD.....

 

[Proserpina]

Not fair, perhaps - but not illegal.

Someone else can speak to the issue of breaks.

 

[justalayman]

Georgia nor the federal government requires lunches or breaks for adult workers. You were apparently allowed time to take your medication which is all they would be required to do.

 

[commentator]

Is it legal to fire a new hire when they are absent a tremendous lot there right at the beginning of their employment, even with doctor's statements, etc.? Yep. Afraid so.

When you are able to work again with no restrictions either on your doctor's part or your part you may be able to receive unemployment benefits, even though you have signed something saying you resigned. What they did, asking you to sign this, this was what they called a "forced quit." You weren't given much of a choice.

However, unemployment is only for people who are able, available, and actively seeking work. It's not for people who are unable to work due to illness. If I were you, I'd file an unemployment claim immediately. Yes, I know you're anticipating cancer treatment right now, not really able to work, but go on and sign up right away.

If you have had enough wages in the last two years to set up a claim, they will start to determine if you have an eligible claim. Then they'll deal with whether Kroger has terminated you without a valid misconduct reason. Of course, if you have all these medical reasons, and doctor's statements for the absences, they have. You couldn't help getting sick, this was beyond your control.

This is a very confused, angry LOUD (capitols = shouting) post, from which I gather you went to work for Kroger somewhere in Georgia not too very long ago. You got the flu the same week. You missed some of the training, some of the work. You have been recently diagnosed with throat cancer.

You have now been told by Kroger that you are either going to sign a paper that you are resigning due to your health, or you'll be terminated. I do not see any reason why you should have agreed to sign this and not insist they fire you. But you did. No matter.

In any case, according to what they told you, you may be able to ask for and might receive your job back sometime when your disease is in remission and you're ready to work full time the hours they want you. I would definitely go back and reapply for the job again when I was fully released by my cancer doctor to work again.

And don't waste a lot of your time and anger on Kroger right now. They're not going to keep on a person who demonstrates right in the get go of their employment that they have multiple health issues. It's not illegal to get rid of such a person, and they have exercised their option to do it. People in this country have very few rights and protections in employment law. They just don't realize it until it happens to them and they're left saying, "They can't do this to me, can they?" Employers have no requirement to care or to work with you when you have a real bad break and find out you have a really serious illness. You're a liability to them, you miss too much work, and you are gone. Unemployment insurance once you are back released by your doctor and ready to go back to work is your only alternative.

I hope your treatment goes well and you are soon ready to go back to work without all these multiple problems and issues.

 

[cbg]

No, it is not fair. It's definitely not how I would have handled it.

However, you have not described anything illegal or which gives you any recourse other than to file for unemployment. You had not worked there anywhere near long enough to have any protected sick time; neither Federal nor Georgia law requires that you receive any breaks whatsoever; no law guarantees you be allowed to keep your job if you're unable to come to work, no matter what conditions you have or how often your called you employer with updates, unless FMLA applies and from your description it did not.

Unfair and illegal are not synonyms.

I wish you the best of luck in your recovery.