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Can I be terminated from my job?

Discussion in 'Medical Leave & Disability' started by blondiegirl, Jan 16, 2015.

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  1. blondiegirl

    blondiegirl Law Topic Starter New Member

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    I was hired by a large bank 12/2013. Have had some unfortunate medical issues the past year. Applied for FMLA 09/14; had worked over 1250 hours but did not have full year of employment, so was denied. Was aware that I was on my final written occurance, and suffered a terrible migraine on 01/10/15, and unable to work. On 01/12/15 was in coaching session with my manager and was told that I will probably be terminated and since having passed my year anniversary with bank, that I should reapply for FMLA, and did so. I was told my paperwork should arrive within one week and should be promptly filled out by my physician and myself. On 01/13/2015, I was called in to be terminated and I made them aware that I had applied for FMLA and am waiting on the paperwork. They sent me home with pay to await a decision from HR, saying that this has never happened previously (find that hard to believe). My days off were 01/14 and 01/15. Heard nothing from employer and showed up for work on 01/16, which is today. Was again told to go home. I have now received a voicemail message from the Senior Vice President at our site, stating that I am still employed and to show up for work the next day, until a decision is made. I have since found out that they made a concession for another employee that has a medical issue and she is not employed a year as yet. I was never offered for them to make a concession for me. I do have final written occurance for performance as well; but I have always tried my very best and did my job to the best of my ability. I am now embarrassed to face co-workers when I go back to work. Is this standard procedure for big companies? I am about to turn 60 this year, and feel it's possibly age discrimination, as well.
     
  2. cbg

    cbg Super Moderator

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    Just so it's clear at the outset, eligibility for FMLA is set by statute, not by company policy. The law requires that you meet BOTH the 1250 hours AND the 12-month requirement; it's not either or. If you had not yet met the 12 month requirement, it was correct for your first application to be denied. The "concession" they made for the other employee may well have had more to do with the ADA than with FMLA; there is no tenure or hours requirement for the ADA. However, they cannot discuss her situation with you any more than they're going to discuss yours with her. There are privacy issues involved.

    The problem I see is that while you cannot be fired for an approved FMLA absence, you can still, quite legally, be fired for performance issues. FMLA does not protect you from a termination that would have occurred regardless, and FMLA does not protect absences that occurred prior to your becoming eligible. So while I can't say for sure that you will lose your job, you can lose your job, and nothing you have posted is clear evidence of age (or any other kind of) discrimination.
     
  3. disagreeable

    disagreeable Well-Known Member

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    I would say when you get a chance, clarify how willing the bank is to accommodate your migraines with the VP. If you are in a non essential position, meaning that occasional absences are not going to affect your work profoundly and a good employee, they may continue to make an accommodation for you. Not all employers are heartless and cold to the disabled. They just want to make sure they are not being taken advantage of.
     
  4. Betty3

    Betty3 Super Moderator

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    I don't see clear evidence of age discrimination or any type of discrimination. They hired you 12-2013 when you were just a year younger.
     

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