is she eligible for Social Security Disability? Medicare? She is probably better off not working there anyway. She is probably eligible for unemployment benefits.
- May 4, 2001
- 15,381
- 6
- 91
'S okay, I posted 'cause I wanted to see what other people would say. Thing is...short term disability would have applied to her problem last month....they didn't can her for that. Her work never suffered. She always managed to make it up up and then some....she constantly got commended on her "performance in the face of hardship" by the GM himself. Not to mention, her sick days were all unpaid (I just use the term "sick day" as an abbreviation for "a day that she was sick").
This month, she calls in one day for a simple flu (fever, throwing up)...and they can her? Talk about inconsistency.
Like I said, the previous day they begged her not to leave because times were slow (not on her part, they contract out to another service to find leads, and that service failed) and part of her pay was spiff checks for finding clients and setting appointments, though she gave no indication she was looking for work elsewhere (I mean, they have good insurance, and she wanted to keep it).....just fear I guess. Maybe that had something to do with it, but when they told her that being sick was a part of why she was being let go, they basically violated the agreement they had upon her being hired in the first place.
Alchoholism is totally an apples/oranges comparison though. It's not like she chose to or spiraled into a self-destructive habit that in turn slowly destroys her soft tissues/organs and to live with physical pain, everyday, for the rest of her life.
But yeah, we'll work it out.
Originally posted by: spidey07
Originally posted by: Gooberlx2
Yeah, that's what we're doing....I just wanted to see what ATOT thought of it, out of curiosity (and maybe some feelings of vindication)
Well this ATOT member thinks this kind of behavior is truly discusting.
You can't just call in sick and not work without repercusions. Your GF now realizes this.
period.
There is a thing called short term disability. She didn't claim it and got canned.
You can't in one sentance say "disability discrimation" and not follow the proper channels.
oh, and you GF isn't disabled. What next? "I'm an alchoholic and can't work, therefore you should accomodate my 'disability'"
*puke*
-edit-
sorry for being so harsh. Hopefully she'll work it out, but sueing for something like this just seems wrong with me.
I'm with spidey on this one. I would fire someone like that if it started having a negative impact on my business and you can be sure I would have my legal Is dotted and Ts crossed.
If you are so concerned about her having insurance coverage then you had better marry her because if she continues to be sick and simply miss 2 weeks of work here and there she will ALWAYS be looking for a job.
You are not protected with job stability if you call out too many times. You are NOT guaranteed to keep your job if you call out sick too many times. Not to sound harsh either, but Im also with spidey on this one because what he states is true.
You can try to sue for firing you, but once the court see's how many times she calls out, they are justified for letting her go as long as it was not based on prejudice, discrimination, bias, etc
You can try to sue for firing you, but once the court see's how many times she calls out, they are justified for letting her go as long as it was not based on prejudice, discrimination, bias, etc
alot of you guys don't know what you're talking about.
definitely talk to the employment lawyer.
obviously, we don't know all the facts but it sounds like you might be able to bring an action for discrimination under the civil rights act
definitely talk to the employment lawyer.
obviously, we don't know all the facts but it sounds like you might be able to bring an action for discrimination under the civil rights act
With all due respect, that is definitely true, but discrimination to what? She wasnt declined the job due to the her condition obviously. So right there is a lot brownie points with the car dealership providing equal opportunities for employment and advancement to qualified individuals without regard to race, color, religion, creed, national origin, sex, age, sexual orientation, marital status, disability or veteran status.
Contrary to popular belief, there is no general legal requirement that employers give employees sick leave. While most employers do in fact give employees some paid time off each year to be used for sick leave, the law does not require employers to do so in most circumstances.
I am most definitely not trying to discourage them from going to the EEOC, but for all the other readers out there, let's not provide any false information.
RaistlinZ
Diamond Member
- Oct 15, 2001
- 7,470
- 9
- 91
Quite frankly I probably wouldn't keep your GF on staff either if I was the dealership if she's so prone to illness.
It does put a hardship on the organization. Every time she's sick they'll have to wonder "Will she be out another 2 weeks this time too?" Every time she's sick they have to scurry to find someone to cover her work until she returns, which could be God knows how long. And from what you're telling us so far, it sounds like her health problems will continue since she has this immune disorder.
It's too bad they let her go, but you can see that it's not very fair to the organization to have someone who'll always be calling in sick - sometimes for weeks at a time. I'm sure they would lose a lot of money getting people to cover the work load all the time, and they'd never be able to depend on your GF showing up for work on a consistant basis.
What do you mean by tax rates? And public health care is public health care, you don't have to pay for much, doctor wise.
Sorry about the GF. This may just be the payday she needed.
Most "manager"types don't know crap about workers rights.
Most "manager"types don't know crap about workers rights.
Vic
Elite Member
- Jun 12, 2001
- 50,422
- 14,337
- 136
Your GF should apply for social security disability. IMO it is very unlikely that any type of disability discrimination lawsuit will pan out monetarily in your favor. I mean, the focus there is to make sure people get hired. Frequent sproadic sick days are generally not looked at favorably.
If you're hired with full disclosure (as the OP has indicated there was) and then are terminated, especially without cause, that is wrong.Originally posted by: spidey07
Originally posted by: Gooberlx2
Yeah, that's what we're doing....I just wanted to see what ATOT thought of it, out of curiosity (and maybe some feelings of vindication
Well this ATOT member thinks this kind of behavior is truly discusting.
You can't just call in sick and not work without repercusions. Your GF now realizes this.
period.
There is a thing called short term disability. She didn't claim it and got canned.
You can't in one sentance say "disability discrimation" and not follow the proper channels.
oh, and you GF isn't disabled. What next? "I'm an alchoholic and can't work, therefore you should accomodate my 'disability'"
*puke*
-edit-
sorry for being so harsh. Hopefully she'll work it out, but sueing for something like this just seems wrong with me.
Comparing alcoholism with an autoimmune disease is not right either.
This is why there will always be a need for Unions, Worker's Rights Laws, and Attorneys that will work on contingency.
When employers can treat people they employ with dignity and in a manner they would wish to be treated, then the aforementioned will no longer be needed.
But I ain't holding my breath waiting for that.
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