having your supervisor saying it's okay to leave and then getting fired when back

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denisev

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My jurisdiction is: Kansas/USA

I have worked for this company 2 wks short of 1 year. Our entire team started at the same time. Several of the people in our group (say 6 out of 13) have had to take extended time off within a 1-3 month period of starting because of issues at home or health. My mother passed away in April and I did take 3 days of bereavement, plus an extra days for traveling back and forth to Texas to take care of some things regarding my mother's estate. My supervisor said it was ok, to take as much time as was needed. I became very depressed from this event and took a day off here and there (I would say 5) due to psychologist visits - I have been diagnosed with acute depression since I was 18. I told my supervisor of the reason for taking these days and he just say he would pray for me and hoped I would feel better soon.
The last time when I had missed a day, the day I came back my supervisor asked to have a conference where he told me he had to write me up for attendance, stating that he understood the reasons why I missed, but it had to be done. I explained to him that I am under a doctors care for my depression and that it still has to be treated, so I would be missing more days still. Asking if there was anything I could do about the circumstances he said no because you have to be with the company for 1 year to qualify for fmla
I started having tingling in my arms about 3 months ago, but did not go see a doctor, because I could not miss anymore time. But, I knew that several people in our group had missed a great deal more amount of days, and they were still there. So, I did take off to get this checked and it turned out to be cervical degenerative disc disease. Without finding out the cause and treatment it numbness would continue to get worse. I took time off for an MRI; I took time off for 2 Epidural injections, because those were the treatments to try before surgery. Also, during this time this numbness had taken over my fingers,hands,arms,abdomen, and left leg. I had explained to my boss about my condition a few months ago and he said "it's cool" . But, at the same time I was written up ag again for attendance with my final warning. I had two more appointments - one for an emg, and one because t his was really starting to get to me. I returned to work and asked my supervisor about the absences and what would happen. I asked if I was getting fired, and he said don't worry about it. Now, I had called Human Resources 4 months prior and asked how you take time off for an illness without risk of getting fired. I was told FMLA was all that was available, but you had to be there 1 yr. I asked her why were there so many people in my group that had taken many,many more days and they were still there. She didn't know why. Three weeks after my last absence, I came back to work and was told I had a meeting at 12:00:I asked what it was for and he said he couldn't tell me. I did get fired that day for my absences, and that was their only reason.
I have filed a dispute with our HR department because I feel there was favoritism involved in how absences were treated in our group. I am going to have my phone hearing on Monday, and I'm supposed to come up with a settlement. I know when this hearing comes up, I will have to bring up another 3 different instances where I feel he did not act ethically, including taking me into an empty office, closing the door and not turning on the light, to tell me to never speak to his boss again about any problems I might have with him.
I am just wanting to see if 2 months salary would be a good settlement to ask for, or maybe you can recommend something.
Thanks for listening,
Denise
 
Denise the company has paper trail of problem and your "official" warning. There is nothing you can do. Termination was legal and they gave you warning and chances to resolve attendance issues. I am sorry about your lost and medical issues but company acted in legal fashion
 
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