Craig, How You Get Fired on Yo Day Off?!?!!

LeeshaS
on 4/21/09 1:03 pm - Waterbury, CT
Sorry to hear that Big Sam....but I'm with those who advised you to seek legal counsel. Now unless a whole lot has changed in Human Resources since my undergrad days...which I doubt, a company could not let you go while you were on any type of medical, maternity, workers comp, family leave or anything like that...Now nothing won't stop them jokers from letting you come back to work and work for like a week and get rid of you, but DURING....nah....that's not right and the company is banking on the fact that you will just consider that its the economy, and all that jazz...Get a consultation....did they at least give you a good severance????

Leesh


pokerchips
on 4/22/09 12:15 am
I work for city gov't in Maryland and I recently attended a management training on FMLA & disability leave they clearly stated that an employee can be laid off while out on FMLA.  So remember each organization is different & be mindful of what your personnel regulations dictate. 

Sam I'll keep my eyes open & I'm feeling you why they got to do that to a brother while he is in a weak state.  But you know what a door will open, I'' keep my eyes open for you.

Change is a Process Not an Event

ChocolateDyce
on 4/21/09 10:33 pm - milwaukee , WI
Awwww..sorry to hear that Big Sam. 
taw1975
on 4/22/09 12:01 am - DFW, TX
If you were off on Leave and covered under FMLA you are guaranteed job protection while out on said leave

more info here: http://www.dol.gov/dol/topic/benefits-leave/fmla.htm

You can file a complaint with the DOL.
...Platinum...
on 4/22/09 12:12 am - Somewhere in, DC
Sorry to hear this. I do believe that one door closes another will open.
body-1.jpg image by YesCourtney Determined........
joyouslyme
on 4/22/09 12:36 am
According to the Society for Human Resource Management, an employee can be laid off while on STD/FMLA. The employer must prove that there was a business case for the layoff. I would still speak to someone who specializes in employment law.

SHRM » Templates and Tools » HR Q&As

Can we lay off someone while that employee is on leave under the Family and Medical Leave Act (FMLA)? 

1/28/2009   
     

Yes, it is possible to lay off an employee while on FMLA leave. Although employees do have job and benefit protections during FMLA leave, an employee is not totally exempt from termination or layoff. According to the FMLA regulations, “An employee has no greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the FMLA leave period. An employer must be able to show that an employee would not otherwise have been employed at the time reinstatement is requested in order to deny restoration to employment" (Sec. 825.216, Limitations on an employee's right to reinstatement).

One of the examples of denial of job restoration used in the regulations is layoffs. Therefore, an employer should take in account several considerations before laying off or terminating an employee while on FMLA:

 Does the company have a valid business reason for eliminating that employee’s position or laying off that employee?

  • Would the employee have been laid off or terminated if that employee was still working and not on FMLA leave?
  • Does the company have enough documentation to prove that employee would have been laid off or terminated regardless of the FMLA leave?

Employers will still have the burden of proving that the layoff or termination was not related to the FMLA leave. For that reason, employers should be cautious when laying off or terminating an employee on FMLA leave. Before taking action, a company should take all considerations into account and ensure that proper documentation is available should any questions arise.

Professional Pointer: Employers should document the valid business reason for the layoff to prove the employee would have been laid off regardless of the FMLA leave



The bright side is that they paid for surgery.

Sharee - Attention Whore IRL
 


                                         

# 1 MACK_MAMA
on 4/22/09 12:39 am
It's actually EASIER to lay off a person on leave - you can more easily build a business case that they are not vital or necessary to continue business process.

I've done several of these in my day.

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