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fired or something
- Thread Starter birneyboy
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Patricia_Young
New Member
I couldn't make any sense at all of your post. Try complete sentences.
Patricia_Young
New Member
So what are you asking us?
Patricia_Young
New Member
Were you fired? If so, what reason did they give?
Patricia_Young
New Member
The applicability of FMLA as nothing to do whether it's a Work Comp injury or not
Are you receiving any work comp benefits now?
Are you receiving any work comp benefits now?
cbg
Super Moderator
Okay, more detail is needed here. And no one is being hateful - if we can't read what you're presenting, we can't help.
How much work TOTAL have you missed from this injury?
How much work TOTAL have you missed from this injury?
cbg
Super Moderator
three days a week parttime translates to how much?
We're not asking these questions just to hear ourselves "talk". We need the information in order to help you. Were you working half days? Leaving an hour early? HOW MUCH time off does part time three days a week for seven months translate to?
We're not asking these questions just to hear ourselves "talk". We need the information in order to help you. Were you working half days? Leaving an hour early? HOW MUCH time off does part time three days a week for seven months translate to?
no /i was working evry other day 20 hours week /therapy - monday/ wed/fri . work days was monday -thursday ten hours a day./ our job site varyed but was hour and half away / the days i had therapy i didnt work .because of pain killers my family generaly drove me . i hope this helps dont really know what else to say here / thx.
cbg
Super Moderator
I'm pulling teeth here, and I'm not going to do it much longer.
Okay, please answer these questions EXACTLY because I am going to give up soon, and I think Patricia already has.
1.) EXACTLY how long were you on medical leave? By medical leave I mean that you were not working AT ALL. I am not concerned with whether there was or was not sick pay, disability benefits, workers comp benefits, or anything of the sort. I am not concerned with whether it was paid time or unpaid time. I want to know EXACTLY how many days/weeks/months you were not working AT ALL.
2.) After you returned from medical leave, you worked part time on light duty. For EXACTLY how many months did you work part time on light duty?
3.) Am I understanding you correctly that for the period of time you will define for me in #2, you worked half days three days a week and not at all for two days a week, totaling 20 hours a week that you were working? If I am not understanding you correctly, please clarify as EXACTLY as you can.
Please understand that no one is trying to be mean to you. But we were not there. You were. We do not know anything that you do not tell us. Before we can tell us if your employer's actions were legal, it is necessary that we know very specific detail. The fact that you have now gone through and erased your questions does not help matters.
Okay, please answer these questions EXACTLY because I am going to give up soon, and I think Patricia already has.
1.) EXACTLY how long were you on medical leave? By medical leave I mean that you were not working AT ALL. I am not concerned with whether there was or was not sick pay, disability benefits, workers comp benefits, or anything of the sort. I am not concerned with whether it was paid time or unpaid time. I want to know EXACTLY how many days/weeks/months you were not working AT ALL.
2.) After you returned from medical leave, you worked part time on light duty. For EXACTLY how many months did you work part time on light duty?
3.) Am I understanding you correctly that for the period of time you will define for me in #2, you worked half days three days a week and not at all for two days a week, totaling 20 hours a week that you were working? If I am not understanding you correctly, please clarify as EXACTLY as you can.
Please understand that no one is trying to be mean to you. But we were not there. You were. We do not know anything that you do not tell us. Before we can tell us if your employer's actions were legal, it is necessary that we know very specific detail. The fact that you have now gone through and erased your questions does not help matters.
1//i was off for three weeks .2// i was on light duty for six months 3// my work schedule was mon-thru /ten hour days / i had physical therapy three days a week i which didnt work at all on those days because of taking pain killers and driving/ hope this helps ,im not trying to be vague, thx
Patricia_Young
New Member
One more time, and then I give up. When you were working light-duty, part-time, how many hours per week did you work and how many hours per week did you NOT work? A number, 10, 20, 24, what is the NUMBER?
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i dont know whats so hard to understand mon i had physicl therapy so i got no hours /tues i worked 10 hours /wed i had therapy so i got no hours/thurs i worked so i got ten hours which =20 'hours total for the week./ remeber my work scheudle was mon -thr. fri i had therapy which was on my day off./
Patricia_Young
New Member
Well, part of the problem is that you edited out all the other information, so it can't be reviewed any longer.
But OK, 480 hours allowed under FMLA (best case scenario) divided by 20 hours per week is 24 weeks. So 24 weeks of part-time work at 20 hours per week would use up all your FMLA time. And if you've been working this same schedule since some time in November, you've exhausted your FMLA and you may legally be fired.
i do thank u for your help. but they said i could not have a fmla because it was a workcomp case/ and they told me that if i didnt show up at the new job site /which was working for a different crew over a hour away /they would take it as if i quit,.that is why i tryed to get the fmla so i woulnd not lose my job/ before i got off my vaction they finally let me have/ they had drop my health insurance.All i was trying to do was work something out /with hope the docters could help with my back pain so did not have to take pain killers like candy /but it looks to me that this just a way to get rid of me because of work comp case / thx again for your help
Patricia_Young
New Member
Well, that isn't necessarily true, but FMLA would have been the ONLY law that protected your job at all. Even under FMLA, they kept you on for longer than that law would have required them to.
You're welcome to consult with an attorney, of course, but they provided light duty for more than 6 months, which they were not required to do, even if they had designated the time as FMLA. So the fact that they didn't doesn't buy you anything. In fact, that they DID keep you on for as long as they did would be their defense should this even get to a court case for wrongful termination. They aren't required to keep you on light duty indefinitely, neither are they required to let you return to your normal job if they don't feel it is safe for you to do so.
If you are receiving work comp benefits, they should continue regardless of your employment status.
You're welcome to consult with an attorney, of course, but they provided light duty for more than 6 months, which they were not required to do, even if they had designated the time as FMLA. So the fact that they didn't doesn't buy you anything. In fact, that they DID keep you on for as long as they did would be their defense should this even get to a court case for wrongful termination. They aren't required to keep you on light duty indefinitely, neither are they required to let you return to your normal job if they don't feel it is safe for you to do so.
If you are receiving work comp benefits, they should continue regardless of your employment status.
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