Who thinks I am going to get fired tomorrow?

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Modular

Diamond Member
Jul 1, 2005
5,027
67
91
dNor changed his username?!! To what?

Also, if sales made you need xanax and the alcohol to cope with the stress, why can't you find another job? What kind of sales is it?
 

slsmnaz

Diamond Member
Mar 13, 2005
4,016
1
0
Originally posted by: NSFW
Originally posted by: Garet Jax
Originally posted by: KLin
Originally posted by: Indolent
You were gone 4 months and your first day back is a Friday? Why?

Seriously, make it a 3 day weekend.

Your math sucks, it would be a 4 month and 3 day weekend if he took tomorrow off too.

:D

Mine is not to question why...

I'm assuming its either going to be a refresher day or I will get the boot.

We find it's always better to fire people on a Friday. Studies have statistically shown that there's less chance of an incident if you do it at the end of the week.
 

jagec

Lifer
Apr 30, 2004
24,442
6
81
Originally posted by: halik
Originally posted by: NSFW
Originally posted by: Hayabusa Rider
I would be happy to fire you, if you like.

I said fire, not spank.


I was out because of post acute withdrawal syndrome. Basically I was in a deep depression, my short term memory was gone and I needed some time to just get better. I'm still not 100% but at some point I need to get back to normal life.

What did you withdraw from ? I'd imagine legally they could fire you, because whatever you were doing that caused the syndrome is against their policy.

Depends on how detailed the doctor's note was, I suppose.
 

robphelan

Diamond Member
Aug 28, 2003
4,084
17
81
hmm, i didn't know FMLA covered depression.. i always thought that was for having kids. i could understand STD, though..
 

tm37

Lifer
Jan 24, 2001
12,436
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Most places are not going to can you the first day back. They then need to prove that it was for anbother reason.

Having said that they can make it bad for you. The other thing they can not fire you for is disability and I have seen people that literally stopped even tryiong at work bnecause they knew it would be next to impossible to can them.

It is one of those deals where what they can do legally is clouded.most of us have done enough to get canned but we don't get because the good outways the bad however once that balance shifts you need to realize it.

Become a model employee and you will be fine ;)
 

KLin

Lifer
Feb 29, 2000
30,247
578
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Originally posted by: Garet Jax
Originally posted by: KLin
Originally posted by: Indolent
You were gone 4 months and your first day back is a Friday? Why?

Seriously, make it a 3 day weekend.

Your math sucks, it would be a 4 month and 3 day weekend if he took tomorrow off too.

psst it was a joke douchebag.
 

pray4mojo

Diamond Member
Mar 8, 2003
3,647
0
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Q: Will I lose my job if I take FMLA leave?

Generally, no. It is unlawful for any employer to interfere with or restrain or deny the exercise of any right provided under this law. Employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions or disciplinary actions; nor can FMLA leave be counted under "no fault" attendance policies. Under limited circumstances, an employer may deny reinstatement to work - but not the use of FMLA leave - to certain highly-paid, salaried ("key") employees.

from: http://www.dol.gov/elaws/esa/fmla/faq.asp
 

Zebo

Elite Member
Jul 29, 2001
39,398
19
81
What I find ironic is the FMLA sorta invalidates 'at will' employment. Everyone should take leave at least once then employer would be hesitant to fire you from then on out.

In effect people who held their jobs continuously have been made second class citizens.

I wish I knew about this scam before I retired. But then I worked for DOE and that takes an act of congress to fire you.
 

aplefka

Lifer
Feb 29, 2004
12,014
2
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I'm facing a similar situation although I had to take a week off for surgery and wasn't able to be protected by FMLA since I didn't work with the organization until Sept of 08 and even then only part time. I got the week off as requested but then was unable to have the surgery because of an abrasion on my right hand, so one of my superiors will probably want to fire me when I get back on Monday.

Good luck to you.
 

lykaon78

Golden Member
Sep 5, 2001
1,174
9
81
If they wanna can you they'll wait a week or two. However, they could can you as part of a larger layoff and use the layoff as a defense against your retaliation arguement.

My last company laid off a pregnant lady on FMLA. Justified it to everyone remaining that they couldn't justify laying off people that were working hard everyday and leave her unaffected. It didn't help her that she sucked at her job before she got pregnant.
 

mugs

Lifer
Apr 29, 2003
48,920
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Originally posted by: Viper GTS
Does FMLA not prevent retaliatory firings?

Viper GTS

FMLA only gives you 12 weeks of leave time during a 12 month period. OP was gone an extra month, so I don't think FMLA will protect him. :(

However, if they were going to fire him I think they would have already done it.
 

mugs

Lifer
Apr 29, 2003
48,920
46
91
Originally posted by: aplefka
I'm facing a similar situation although I had to take a week off for surgery and wasn't able to be protected by FMLA since I didn't work with the organization until Sept of 08 and even then only part time. I got the week off as requested but then was unable to have the surgery because of an abrasion on my right hand, so one of my superiors will probably want to fire me when I get back on Monday.

Good luck to you.

If you weren't able to have the surgery, why didn't you go to work? :confused:
 

SacrosanctFiend

Diamond Member
Oct 2, 2004
4,269
0
0
Originally posted by: NSFW
Originally posted by: SacrosanctFiend
How did you get >12 weeks of approved leave?

FMLA, short term disability and an assload of doctors visits.

FMLA is a max of 12 weeks (not counting covered service member leave), STD is pay and does not cover leave, and the doctor's visits are usually required to obtain FMLA for a serious health condition. Now, how did you get >12 weeks of approved leave?

You have no job protection past week 12, so they could fire you, if they wished to, without repercussion.
 

AlienCraft

Lifer
Nov 23, 2002
10,539
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What is funny is all these people quoting law as if that has some bearing on what a corporation will do to you.
Unless you have the means to counter their actions against you aka money for lawyers and court, you're hosed.
The law does nothing for those without means to fight unjust actions taken against them.
 

rudeguy

Lifer
Dec 27, 2001
47,351
14
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Waiting for the Area Director to tell me my fait after he gets off his cell.
 

hanoverphist

Diamond Member
Dec 7, 2006
9,867
23
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Originally posted by: tm37
Most places are not going to can you the first day back. They then need to prove that it was for anbother reason.

Having said that they can make it bad for you. The other thing they can not fire you for is disability and I have seen people that literally stopped even tryiong at work bnecause they knew it would be next to impossible to can them.

It is one of those deals where what they can do legally is clouded.most of us have done enough to get canned but we don't get because the good outways the bad however once that balance shifts you need to realize it.

we had a 2 man crew flip a work truck on I-10 about 9 years ago. the driver died, and his best friend/ coworker lived. the guy was on leave until he recovered, came back and kind of went freaky. az is one of those states where normally we cann fire for wearing the wrong color of shirt as well, but we had to make sure there was just cause in his case. luckily he let me know in one of his drunken stupors after the company xmas party, as i was driving him home, that he wanted me to drop him off at his dealers house. he was "randomly" chosen for a drug test two weeks later and failed.
 

SacrosanctFiend

Diamond Member
Oct 2, 2004
4,269
0
0
Originally posted by: AlienCraft
What is funny is all these people quoting law as if that has some bearing on what a corporation will do to you.
Unless you have the means to counter their actions against you aka money for lawyers and court, you're hosed.
The law does nothing for those without means to fight unjust actions taken against them.

Um, you can file a complaint for relief with the USDOL Secretary of Labor for free. Depending on the circumstances, they will file the lawsuit for you. Not to mention, there are plenty of attorneys who will take FMLA cases on a contingency basis.