• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Whoa Whoa Slow Your Roll People!!!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

T-time

Junior Member
This went down in Kentucky ...

Okay so 2 days ago I woke up with a migraine with aura and could not make it to work. For those of you who aren't familiar, they can include slurred speech, numbness, loss of motor skills, blind-spots or blurry vision, vomiting, disorientation, aversion to light and a consistent 8 out of 10 on the pain scale. Mine are very very seldom, maybe once or twice in a couple years, but include all the symptoms and lasts for 8 to 24hrs. I know the script on what needs to be done when there is a need to call in, however I woke up a slurring idiot, smacking into the walls as I stumble for the bathroom to yack. I couldn't see the phone, find the phone, and as a result use a phone.

The #2 in charge at my place of work called my house and luckily enough my roommate dropped in by chance and answered. She gave me the phone and left (her kid's day is more important than mine and that's understandable). The supervisor said I was 15min late, the store manager was PISSED, that she spoke with him about it (as the opening manager), it wouldn't be good for me to talk to him, and that if I didn't get my ass to work within the next 15min I wouldn't have a job. Work in 15min was impossible; I couldn't hold down the damned anti-nausea meds for god sake. But, I said I understood what she was saying and was not able to get there in the allotted time. The conversation ended.

I made it to the ER finally, was admitted, hooked up to an I-V, received saline for dehydration, and received a couple happy intravenous drugs and drifted off to never-never land. Meanwhile my boss is steaming at work over the no call no show. I would never understate the aggravation it causes when staff don't show up; I'm in that boat sometimes too and I'm certain it ruined his day. That was not my intent ...as I lay across town with a vein tapped and the ceiling spinning.

Now I've been a supervisor for the past 8yrs, have HR experience with one of my city's largest employers, and I've got to tell ya I'm fla-fla-flabbergasted:confused::confused:. Never seen a Supervisor terminate someone at that point in the process, and I assume this can only be explained by my Supervisor's lack of training. Nonetheless, there is a reasonable expectation that an employer hold off the axe if there are medical considerations. That obviously wasn't the case here and now I have no income and my friggin' head is still sore. I was smart enough that once the negligence boom came down I didn't run the chance of flipping out on the phone. I am out of the drug-funk now and find myself rubbing my eyes while basking in the carnage one stupid ER trip cost me.

So I'm askin' for opinions from better legal minds than I. But, I do know that courts side with arguments that are based in reason. I believe that as a result of a reasonable medical event my employer was unreasonable in terminating me and this will cause un-due (and unreasonable) financial hardship. Ya I joke around, but I'm pretty much at the bottom of the economic class structure so this kills me.

Oh ya and I am being sexually harassed by the supervisor that technically fired me. I did report it to the assistant manager for advice and every other employee there knows about it. It became a big joke on their part (I'm not disliked and I think they assume I'm okay with it because I do have a dry sense of humor). I drop that fact at the end of this post because I'm not sure it matters and may be more suitable in another forum. But idk, you tell me.

Thanks all!!
 


Proserpina

Senior Member
This went down in Kentucky ...

Okay so 2 days ago I woke up with a migraine with aura and could not make it to work. For those of you who aren't familiar, they can include slurred speech, numbness, loss of motor skills, blind-spots or blurry vision, vomiting, disorientation, aversion to light and a consistent 8 out of 10 on the pain scale. Mine are very very seldom, maybe once or twice in a couple years, but include all the symptoms and lasts for 8 to 24hrs. I know the script on what needs to be done when there is a need to call in, however I woke up a slurring idiot, smacking into the walls as I stumble for the bathroom to yack. I couldn't see the phone, find the phone, and as a result use a phone.

The #2 in charge at my place of work called my house and luckily enough my roommate dropped in by chance and answered. She gave me the phone and left (her kid's day is more important than mine and that's understandable). The supervisor said I was 15min late, the store manager was PISSED, that she spoke with him about it (as the opening manager), it wouldn't be good for me to talk to him, and that if I didn't get my ass to work within the next 15min I wouldn't have a job. Work in 15min was impossible; I couldn't hold down the damned anti-nausea meds for god sake. But, I said I understood what she was saying and was not able to get there in the allotted time. The conversation ended.

I made it to the ER finally, was admitted, hooked up to an I-V, received saline for dehydration, and received a couple happy intravenous drugs and drifted off to never-never land. Meanwhile my boss is steaming at work over the no call no show. I would never understate the aggravation it causes when staff don't show up; I'm in that boat sometimes too and I'm certain it ruined his day. That was not my intent ...as I lay across town with a vein tapped and the ceiling spinning.

Now I've been a supervisor for the past 8yrs, have HR experience with one of my city's largest employers, and I've got to tell ya I'm fla-fla-flabbergasted:confused::confused:. Never seen a Supervisor terminate someone at that point in the process, and I assume this can only be explained by my Supervisor's lack of training. Nonetheless, there is a reasonable expectation that an employer hold off the axe if there are medical considerations. That obviously wasn't the case here and now I have no income and my friggin' head is still sore. I was smart enough that once the negligence boom came down I didn't run the chance of flipping out on the phone. I am out of the drug-funk now and find myself rubbing my eyes while basking in the carnage one stupid ER trip cost me.

So I'm askin' for opinions from better legal minds than I. But, I do know that courts side with arguments that are based in reason. I believe that as a result of a reasonable medical event my employer was unreasonable in terminating me and this will cause un-due (and unreasonable) financial hardship. Ya I joke around, but I'm pretty much at the bottom of the economic class structure so this kills me.

They don't have to tolerate any no-calls. They need no reason to fire you. Nothing illegal happened here; it won't get to court for you to argue since it's a non-issue to begin with.

Oh ya and I am being sexually harassed by the supervisor that technically fired me. I did report it to the assistant manager for advice and every other employee there knows about it. It became a big joke on their part (I'm not disliked and I think they assume I'm okay with it because I do have a dry sense of humor). I drop that fact at the end of this post because I'm not sure it matters and may be more suitable in another forum. But idk, you tell me.

Thanks all!!

I'll leave that conveniently-added point for others to share their thoughts.
 

eerelations

Senior Member
But, I do know that courts side with arguments that are based in reason. I believe that as a result of a reasonable medical event my employer was unreasonable in terminating me and this will cause un-due (and unreasonable) financial hardship.

You are incorrect. The courts do not side with arguments that are based in reason, they side with arguments that are based in law. And given that it's perfectly legal for your former employer to fire you for not following its call-in policy, the courts will side with your former employer on this issue. Because that's what the law dictates. Period.

Regarding possible illegal sexual harassment issues, this is a moot point now that you've been legally fired. There is nothing illegal about en employer firing an employee for breaching a call-in policy while that employee is experiencing workplace sexual harassment.

Had you not been fired, I would have helped you determine whether or not what you'd experienced was in fact illegal sexual harassment. If it was illegal sexual harassment I would have advised you to file a claim with the EEOC. However, all the law in this area requires is that your employer stop the harassment - and you've effectively done that by getting yourself fired.

I know this is definitely not what you want to hear, however it is legally accurate and factual.
 

justalayman

Senior Member
Were you eligible for fmla leave?


The sexual harassment issue;

Does it have anything to do with your question about your termination?
 

Chyvan

Member
I do know that courts side with arguments that are based in reason. I believe that as a result of a reasonable medical event my employer was unreasonable in terminating

File for unemployment. Thankfully you went to the ER. It'll be much easier on you than when you selfdiagnosis.
 

T-time

Junior Member
I do appreciate your offering up the facts. I wouldn't have posted if I had all the answers and am glad someone knows lol.

Funny thing is I am not free of this employer and their behavior's ramifications. My best friend stormed into my house today in a rage that I didn't tell her I was fired. I was stunned as I had told no one. NO ONE. Apparently a few of the managers from other stores are passing around that I got fired and why. They are doing it loud enough that about 4 degrees of separation from all these people in my personal world isn't enough for it not to have f**ked up my personal life now too. It got to my Landlady's daughter within 2 days for god sake. Great, I totally deserved the opportunity to tell people that within days of the event the way I see fit. I didn't need my friends and housing to know I was terminated for not showing up. MAD!!
 

eerelations

Senior Member
I do appreciate your offering up the facts. I wouldn't have posted if I had all the answers and am glad someone knows lol.

Funny thing is I am not free of this employer and their behavior's ramifications. My best friend stormed into my house today in a rage that I didn't tell her I was fired. I was stunned as I had told no one. NO ONE. Apparently a few of the managers from other stores are passing around that I got fired and why. They are doing it loud enough that about 4 degrees of separation from all these people in my personal world isn't enough for it not to have f**ked up my personal life now too. It got to my Landlady's daughter within 2 days for god sake. Great, I totally deserved the opportunity to tell people that within days of the event the way I see fit. I didn't need my friends and housing to know I was terminated for not showing up. MAD!!

It is perfectly legal for employers to tell whomever they want about their former employees' terminations. Again, not what you want to hear, but factual and accurate.
 

T-time

Junior Member
There are only two ways it could have gotten out ...a girl that works with my friend is the sister of a manager and the wife of a manager. Dbags go home and air my s**t out to strangers I've never met and use my name. Stranger Danger!! Seriously. With my luck they'll tell some other random person while having a few too many again and they'll be interviewing me the next day. Thanks for that jeez. Excessive.
 

cbg

I'm a Northern Girl
What law do you believe exists that prohibits the employer from telling anyone they want to, true and accurate information about your termination?

What law do you believe exists that grants you the guaranteed right to decide who can be told about the termination, by whom, when and how?
 

Ladyback1

Senior Member
There are only two ways it could have gotten out ...a girl that works with my friend is the sister of a manager and the wife of a manager. Dbags go home and air my s**t out to strangers I've never met and use my name. Stranger Danger!! Seriously. With my luck they'll tell some other random person while having a few too many again and they'll be interviewing me the next day. Thanks for that jeez. Excessive.

Be careful there, hoss! You're saying that your former employers hang out and drink to excess often.

Hmmmmm.....sounds like you're a hypocrite (and I suspect you are very young)
 

T-time

Junior Member
Be careful there, hoss! You're saying that your former employers hang out and drink to excess often.

Hmmmmm.....sounds like you're a hypocrite (and I suspect you are very young)

and I sir suspect nothing about you.

anyhew, they may as well take out a full page ad. I just don't like them sayin I just played hooky while I was really in the hospital. That isn't true at all is the point. Thats why my best friend was mad, she was told I just skipped work.
 

Proserpina

Senior Member
With friends like that, you don't need enemies.

I'd be more annoyed at her audacity, than anything else. Why on earth she thinks you owe her anything, I do not know.
 

justalayman

Senior Member
and I sir suspect nothing about you.

anyhew, they may as well take out a full page ad. I just don't like them sayin I just played hooky while I was really in the hospital. That isn't true at all is the point. Thats why my best friend was mad, she was told I just skipped work.

And that is why I asked if you had fmla leave available. If you did, it sounds like the termination may be illegal. If no fmla leave available, your done.
 

cbg

I'm a Northern Girl
Even under FMLA the employee is required to use proper call in procedures.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top