I got fired yesterday and I am pretty pissed! My son was in the hospital for two weeks in Feb. for a tune-up. He is doing great now but still has bad days where I need to stay home and give him extra treatments, etc... I have Crohn's disease. which is a digestive disease causing ulcerations and inflammation throughout the intestine. The stress of my son being in the hospital (it was his first time) caused a flare-up of my disease. I have been completly honest about my situation and they seemed to understand. I ended up calling in sick last week and even had a doctor note. We had a mandatory meeting yesterday for all the employees at 8:30 in the morning, afterwards I was called into the office and I was being let go. They said we were sick too often and couldn't depend on me. I completely understand where they are coming from and I don't blame them. But I am hurt, depressed, and I feel worthless. I am already bored out of my mind and daytime TV sucks!! Has anyone else experienced this? I don't know what to do.
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I lost my job
- Thread starter cfmomma
- Start date
fourkidsmom
New member
Sheli,
That is terrible, I know what you mean with missing too much work, etc., I had a great job with great people I worked for and I actually quit in October because I didn't feel it was fair to my work to miss all the time and we didn't know when I'd be gone for 2 weeks with my son in the hospital which is 2 hours away and when he'd need home IV's which I would only do and I felt I needed to stay home with my kids. Plus I wasn't for sure our babysitter was giving the best care and that got all to expensive. I have 2 special needs children which is very overwhelming and I like to have a clean house, and everything in order so for me everything just got to be to much. I thought I was going to lose my mind. I beleive everything happens for a reason and maybe this happened for a reason for you. I hope you can afford to stay home and maybe things will wrok out for the best.
Best of Luck,
Fourkidsmom
Step mom to 14 year old girl no cf
Mom to 12 year old boy no cf, cf carrier
Mom to 5 year old boy with cf
Mom to 3 year old girl, no cf, but chormosome 9q deletion 21.2 22.1 (sensory disorder, developmentally delayed, no communication skills, tactile defensiveness, oral defensiveness, seizures)
That is terrible, I know what you mean with missing too much work, etc., I had a great job with great people I worked for and I actually quit in October because I didn't feel it was fair to my work to miss all the time and we didn't know when I'd be gone for 2 weeks with my son in the hospital which is 2 hours away and when he'd need home IV's which I would only do and I felt I needed to stay home with my kids. Plus I wasn't for sure our babysitter was giving the best care and that got all to expensive. I have 2 special needs children which is very overwhelming and I like to have a clean house, and everything in order so for me everything just got to be to much. I thought I was going to lose my mind. I beleive everything happens for a reason and maybe this happened for a reason for you. I hope you can afford to stay home and maybe things will wrok out for the best.
Best of Luck,
Fourkidsmom
Step mom to 14 year old girl no cf
Mom to 12 year old boy no cf, cf carrier
Mom to 5 year old boy with cf
Mom to 3 year old girl, no cf, but chormosome 9q deletion 21.2 22.1 (sensory disorder, developmentally delayed, no communication skills, tactile defensiveness, oral defensiveness, seizures)
I would also think that this is illegal...i would certainly check into it... you should be covered by the ADA law. I would think that you would still have to follow call-off procedures but if you and your child was hospitalized..i really do not see how they can terminate your employment
I would seek legal consel
Kaitsmom<img src="i/expressions/rose.gif" border="0">
I would seek legal consel
Kaitsmom<img src="i/expressions/rose.gif" border="0">
Does your office have FMLA? If so, did you sign up for this coverage? Under this law your employer is not permitted to use time taken off for medical reasons listed under your application for termination. This was one of the first things I did at my job as my son was in the hospital numerous times. I'm not sure what your situation was, however, there are legal rights for medical disabilities. You need to follow up with it.
Mom to 3 1/1 yr old son with CF
Mom to 3 1/1 yr old son with CF
First of all, you don't have to sign up for the FMLA.
EMPLOYERS
(a) An employer covered by FMLA is any person engaged in commerce or
in any industry or activity affecting commerce, who employs 50 or more
employees for each working day during each of 20 or more calendar
workweeks in the current or preceding calendar year. Employers covered
by FMLA also include any person acting, directly or indirectly, in the
interest of a covered employer to any of the employees of the employer,
any successor in interest of a covered employer, and any public agency.
Public agencies are covered employers without regard to the number of
employees employed. Public as well as private elementary and secondary
schools are also covered employers
ELIGIBLE EMPLOYEE
(a) An ``eligible employee'' is an employee of a covered employer
who:
(1) Has been employed by the employer for at least 12 months, and
(2) Has been employed for at least 1,250 hours of service during the
12-month period immediately preceding the commencement of the leave, and
(3) Is employed at a worksite where 50 or more employees are
employed by the employer within 75 miles of that worksite. (See
Sec. 825.105(a) regarding employees who work outside the U.S.)
(b) The 12 months an employee must have been employed by the
employer need not be consecutive months. If an employee is maintained on
the payroll for any part of a week, including any periods of paid or
unpaid leave (sick, vacation) during which other benefits or
compensation are provided by the employer (e.g., workers' compensation,
group health plan benefits, etc.), the week counts as a week of
employment. For purposes of determining whether intermittent/occasional/
casual employment qualifies as ``at least 12 months,'' 52 weeks is
deemed to be equal to 12 months.
(c) Whether an employee has worked the minimum 1,250 hours of
service is determined according to the principles established under the
Fair Labor Standards Act (FLSA) for determining compensable hours of
work (see 29 CFR Part 785). The determining factor is the number of
hours an employee has worked for the employer within the meaning of the
FLSA. The determination is not limited by methods of recordkeeping, or
by compensation agreements that do not accurately reflect all of the
hours an employee has worked for or been in service to the employer. Any
accurate accounting of actual hours worked under FLSA's principles may
be used. In the event an employer does not maintain an accurate record
of hours worked by an employee, including for employees who are exempt
from FLSA's requirement that a record be kept of their hours worked
(e.g., bona fide executive, administrative, and professional employees
as defined in FLSA Regulations, 29 CFR Part 541), the employer has the
burden of showing that the employee has not worked the requisite hours.
In the event the employer is unable to meet this burden the employee is
deemed to have met this test. See also Sec. 825.500(f). For this
purpose, full-time teachers (see Sec. 825.800 for definition) of an
elementary or secondary school system, or institution of higher
education, or other educational establishment or institution are deemed
to meet the 1,250 hour test. An employer must be able to clearly
demonstrate that such an employee did not work 1,250 hours during the
previous 12 months in order to claim that the employee is not
``eligible'' for FMLA leave.
Synopsis of Law
Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
for the birth and care of the newborn child of the employee;
for placement with the employee of a son or daughter for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
to take medical leave when the employee is unable to work because of a serious health condition.
If you and your employeer meet the requirements for the FMLA, and you have NOT taken off more than 12 weeks (need not be consecuitive) in the last 12 month period, what they did is illegal and you have 2 options. 1. Contact your equal rights employment office (national company for all those employed in the US) and tell them of the situation. They will investigate and rectify the situation. 2. Talk to your employer about what they did, how it is illegal, how you would like them to give your job back plus time lost/not paid for the days you were not at work when they illegally fired you. If they don't cooperate, I would go 1 step further... contact your local TV station for publicity AND as someone else mentioned, get in touch with Beth Sufian. If you and your employer met the requirements of the FMLA, this could be a major lawsuit. You might never HAVE to work again <img src="i/expressions/face-icon-small-smile.gif" border="0">
Good luck, keep us posted, I'm curious to know if you met the conditions of the FMLA.
Sign up for Unemployment insurance right now as well. They'll send you a check every week. And you might as well apply for SSDI, you would have a very good case seeing as how you just got fired from your employer because of (emphasize YOUR health problems) health problems. In the midst of all this, you can still be tackling the company that fired you/the FMLA if you are elgible.
EMPLOYERS
(a) An employer covered by FMLA is any person engaged in commerce or
in any industry or activity affecting commerce, who employs 50 or more
employees for each working day during each of 20 or more calendar
workweeks in the current or preceding calendar year. Employers covered
by FMLA also include any person acting, directly or indirectly, in the
interest of a covered employer to any of the employees of the employer,
any successor in interest of a covered employer, and any public agency.
Public agencies are covered employers without regard to the number of
employees employed. Public as well as private elementary and secondary
schools are also covered employers
ELIGIBLE EMPLOYEE
(a) An ``eligible employee'' is an employee of a covered employer
who:
(1) Has been employed by the employer for at least 12 months, and
(2) Has been employed for at least 1,250 hours of service during the
12-month period immediately preceding the commencement of the leave, and
(3) Is employed at a worksite where 50 or more employees are
employed by the employer within 75 miles of that worksite. (See
Sec. 825.105(a) regarding employees who work outside the U.S.)
(b) The 12 months an employee must have been employed by the
employer need not be consecutive months. If an employee is maintained on
the payroll for any part of a week, including any periods of paid or
unpaid leave (sick, vacation) during which other benefits or
compensation are provided by the employer (e.g., workers' compensation,
group health plan benefits, etc.), the week counts as a week of
employment. For purposes of determining whether intermittent/occasional/
casual employment qualifies as ``at least 12 months,'' 52 weeks is
deemed to be equal to 12 months.
(c) Whether an employee has worked the minimum 1,250 hours of
service is determined according to the principles established under the
Fair Labor Standards Act (FLSA) for determining compensable hours of
work (see 29 CFR Part 785). The determining factor is the number of
hours an employee has worked for the employer within the meaning of the
FLSA. The determination is not limited by methods of recordkeeping, or
by compensation agreements that do not accurately reflect all of the
hours an employee has worked for or been in service to the employer. Any
accurate accounting of actual hours worked under FLSA's principles may
be used. In the event an employer does not maintain an accurate record
of hours worked by an employee, including for employees who are exempt
from FLSA's requirement that a record be kept of their hours worked
(e.g., bona fide executive, administrative, and professional employees
as defined in FLSA Regulations, 29 CFR Part 541), the employer has the
burden of showing that the employee has not worked the requisite hours.
In the event the employer is unable to meet this burden the employee is
deemed to have met this test. See also Sec. 825.500(f). For this
purpose, full-time teachers (see Sec. 825.800 for definition) of an
elementary or secondary school system, or institution of higher
education, or other educational establishment or institution are deemed
to meet the 1,250 hour test. An employer must be able to clearly
demonstrate that such an employee did not work 1,250 hours during the
previous 12 months in order to claim that the employee is not
``eligible'' for FMLA leave.
Synopsis of Law
Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
for the birth and care of the newborn child of the employee;
for placement with the employee of a son or daughter for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
to take medical leave when the employee is unable to work because of a serious health condition.
If you and your employeer meet the requirements for the FMLA, and you have NOT taken off more than 12 weeks (need not be consecuitive) in the last 12 month period, what they did is illegal and you have 2 options. 1. Contact your equal rights employment office (national company for all those employed in the US) and tell them of the situation. They will investigate and rectify the situation. 2. Talk to your employer about what they did, how it is illegal, how you would like them to give your job back plus time lost/not paid for the days you were not at work when they illegally fired you. If they don't cooperate, I would go 1 step further... contact your local TV station for publicity AND as someone else mentioned, get in touch with Beth Sufian. If you and your employer met the requirements of the FMLA, this could be a major lawsuit. You might never HAVE to work again <img src="i/expressions/face-icon-small-smile.gif" border="0">
Good luck, keep us posted, I'm curious to know if you met the conditions of the FMLA.
Sign up for Unemployment insurance right now as well. They'll send you a check every week. And you might as well apply for SSDI, you would have a very good case seeing as how you just got fired from your employer because of (emphasize YOUR health problems) health problems. In the midst of all this, you can still be tackling the company that fired you/the FMLA if you are elgible.
When I speak of signing up for FMLA your employer does need to know the specifics of the medical reason that you are leaving your job for any extended period of time, days, weeks, etc. So, now when I take off due to my son all I have to do is have a doctor's signature if I take off any more than 3 consecutive days. I did not mean you have to sign up and get approved. They do need documentation of why you are eligible for FMLA.
Mother to 3 1/2 yr old son with CF.
Mother to 3 1/2 yr old son with CF.
littledebbie
New member
I would like to add about the FMLA...your employer is legally required to tell you about it. In fact I think they have a specific time frame in whihch to provide the paperwork to you upon returning from your first absence. So don't think it's too late because you didn't know, it's their responsibility to make sure you are aware of your rights.<br><br>
Even if you decided you don't really want this job back because of other reasons I would still reccomend talking to someone and learning all about your rights. If you ever decided to go back to work it will be good to know and it will also come into play as far as your kiddos rights later on.<br><br>
Good Luck to you, and I'm way sorry about your job. Losing a job is always a bummer.
Even if you decided you don't really want this job back because of other reasons I would still reccomend talking to someone and learning all about your rights. If you ever decided to go back to work it will be good to know and it will also come into play as far as your kiddos rights later on.<br><br>
Good Luck to you, and I'm way sorry about your job. Losing a job is always a bummer.
THE THING YOU NEED TO KNOW ABOUT THE FAMILY LEAVE ACT THAT MOST DO NOT KNOW......
THERE MUST BE AT LEAST 40 EMPLOYEES WITH THE COMPANY FOR THE COMPANY TO HAVE THE FAMILY LEAVE ACT.
I DID NOT KNOW THIS AND GOT SCREWED WITH MY COMPANY WHEN COURTNEY WAS DIAGNOSED BECAUSE THERE WAS ONLY 33 EMPLOYEES.
SEANA
THERE MUST BE AT LEAST 40 EMPLOYEES WITH THE COMPANY FOR THE COMPANY TO HAVE THE FAMILY LEAVE ACT.
I DID NOT KNOW THIS AND GOT SCREWED WITH MY COMPANY WHEN COURTNEY WAS DIAGNOSED BECAUSE THERE WAS ONLY 33 EMPLOYEES.
SEANA
L
luke
Guest
Sheli,
Many times companies fire employees unjustly and know it. They know most people don't have the financial independence to obtain an attorney, especially after being fired. I would encourage you to pursue legal counsel for wrongful termination with someone who specializes in labor law. I am certain you can get your job back but you are going to have to fight for it....maybe even contact your local news. They eat this kind of stuff up.
luke
Many times companies fire employees unjustly and know it. They know most people don't have the financial independence to obtain an attorney, especially after being fired. I would encourage you to pursue legal counsel for wrongful termination with someone who specializes in labor law. I am certain you can get your job back but you are going to have to fight for it....maybe even contact your local news. They eat this kind of stuff up.
luke
Wow!!! Thanks for all the advice, it is empowering to know that I can fight back. My husband and I talked about our options last night and we decided that I am going to stay home. I was only working part-time and our health insurance is through my husbands work so it shouldn't hurt too much financially. I can dedicate my extra time to my jewelry business---I don't know about the rest of the world but women in Texas love to spend ridiculous amounts of money on jewelry!! I woke up this morning and felt relieved that I no longer have to worry about letting down my coworkers or boss. I will be able to stay with my son in the hospital or take him to the clinic without that nagging guilt about missing work. My own health should improve with all the rest and lack of stress, I hope.
I have never tried the Garden of Life product for my Crohn's, but I will look into it. I have to share this horror story!! I had a colonoscopy a few weeks ago, I have had about a million of them. I woke up in the middle of it and it hurt like hell!!! I started screaming and thrashing and they refused to give me more sedatives. They told me it was almost over, held me down, and that I wouldn't remember anything. I threw such a fit that next time there will be an anesthiologist knocking me out next time!
I have never tried the Garden of Life product for my Crohn's, but I will look into it. I have to share this horror story!! I had a colonoscopy a few weeks ago, I have had about a million of them. I woke up in the middle of it and it hurt like hell!!! I started screaming and thrashing and they refused to give me more sedatives. They told me it was almost over, held me down, and that I wouldn't remember anything. I threw such a fit that next time there will be an anesthiologist knocking me out next time!
After that story, when I hit 50... NO colonoscopies for me <img src="i/expressions/face-icon-small-smile.gif" border="0">
Shelli, I'm glad you and your husband decided on doing something that will work for you, and that you get to dedicate some time to yourself and your son.
I do encourage you though to do one of two things. Talk to the company about wrongful termination, you might be surprised if you mention lawyers and the FMLA (if they meet the criteria) that a nice severence package is headed your way.
Second, APPLY for Unemployment insurance. Don't be embarassed about it or anything like that, you pay taxes that fund it, so when you are in need-it is there for you!!! I think you only get something like 6 months worth of UI, but it's worth it. Now, this might make some mad, but I'm serving my time and making up for it now and I was young and lazy (16). Back when Mark and I were first together, I lost my job because of some issues and family stuff-plus I hated the job. I got on UI, it gave me $800 a month for doing nothing and all I had to do was make 3 "employment contacts" a week. I would call 2 employers looking to hire on the phone, or send them my resume, and try to schedule 1 interview a week. Sometimes I didnt get an interview each week. To be honest, I had NO intention of going back to work anytime soon, but that extra $$$$ helped Mark and I a lot. After my 6 months, I was off of it, but it helped. Definately worth looking into it.
Ok, I lied again- Third, have you looked into SSDI for your crohns disease? You would have a pretty compelling case seeing as though you only worked part time already and you got let go (for illegal reasons I might add-lawyer in me <img src="i/expressions/face-icon-small-smile.gif" border="0">). The SSA has to be able to prove that you can work a FULL time job (that is 8 hours a day 5 days a week) in order to deny you for benefts. You just got let go from PT, pretty difficult to deny you there.
That extra money might come in handy, you just never know.
Best of luck though and thanks for sharing your decision with us. I'm glad you get to stay home!
Shelli, I'm glad you and your husband decided on doing something that will work for you, and that you get to dedicate some time to yourself and your son.
I do encourage you though to do one of two things. Talk to the company about wrongful termination, you might be surprised if you mention lawyers and the FMLA (if they meet the criteria) that a nice severence package is headed your way.
Second, APPLY for Unemployment insurance. Don't be embarassed about it or anything like that, you pay taxes that fund it, so when you are in need-it is there for you!!! I think you only get something like 6 months worth of UI, but it's worth it. Now, this might make some mad, but I'm serving my time and making up for it now and I was young and lazy (16). Back when Mark and I were first together, I lost my job because of some issues and family stuff-plus I hated the job. I got on UI, it gave me $800 a month for doing nothing and all I had to do was make 3 "employment contacts" a week. I would call 2 employers looking to hire on the phone, or send them my resume, and try to schedule 1 interview a week. Sometimes I didnt get an interview each week. To be honest, I had NO intention of going back to work anytime soon, but that extra $$$$ helped Mark and I a lot. After my 6 months, I was off of it, but it helped. Definately worth looking into it.
Ok, I lied again- Third, have you looked into SSDI for your crohns disease? You would have a pretty compelling case seeing as though you only worked part time already and you got let go (for illegal reasons I might add-lawyer in me <img src="i/expressions/face-icon-small-smile.gif" border="0">). The SSA has to be able to prove that you can work a FULL time job (that is 8 hours a day 5 days a week) in order to deny you for benefts. You just got let go from PT, pretty difficult to deny you there.
That extra money might come in handy, you just never know.
Best of luck though and thanks for sharing your decision with us. I'm glad you get to stay home!
KristasMom
New member
I was fortunate enough to not have to work when I had Krista. That was 35 years ago. She was VERY severe and I lost her when she was 5. I do know how you feel being sick.....I too have Crohn's.