help im being fired

[starsinyoursky]

I have worked for a company since Aug. 2003 - averaging 30 hrs a week. When I was originally hired I was told I would be full time then later that day they called and said they couldnt hire anymore full time so my job would be 30 hrs instead of 40 and of course no benefits until they had full time positions come open. Once full time positions came open I would be offered one. Well on Jan 9 2004 we had an ice storm here and I fell in my moms yard and broke my ankle in two places and my lower leg in one place. I had surgery on the 10th and have been out of work for five weeks. I went back to the dr yesterday and they told me I cant go back for four more weeks and even then not sure depends on how my leg is. I have contacted my employer - my immediate supervisor as well as the human resources dept - once a week to update them of my situation and just to keep in contact with them. Last week I was told by the HR dept that they didnt know how long they could keep my job open. When I called to update them about what the dr said they told me they were going to start termination proceedings. Now mind you - the employer is a call center for cust svc and employs over 800 people at that site. This time of year the company is very slow to the point they send people home early. My position is just a warm body basically. My question is - can they terminate me like this? Is this legal?

 

[Rathi]

I know the company I work for, if you're hired as temporary, or intermiddent, <spelling again>, included in the contract for employment, that you sign upon hiring, is the clause, NTE 1 yr., or 6 months, etc. The employee may be terminated at any point during, and including 1 yrs time fromt he time the position begain. At the end of the term, the employer will re-do the agreement if your services are needed for a longer time.

Basically... I just confused myself with that post, but depending on laws of your area, agreements made by both parties, and other circumstances, I think they do have a right to fire you. If you have filed workers comp., or unemployment proceedings b4 being fired, it could be a different case..

mo detail... heheh

 

[starsinyoursky]

My position was not temporary - just part-time with the promise of a full time position as soon as one came open even tho I know they hired other full time people after me.

 

[Rathi]

Well, temp or not, there is some reason they felt they could pass you up for other permenant-full time, positions which they filled.
You may well have a case if you can prove, a. You were promised a full time position, and not until you received injury were you terminated, or b. You were treated with some kind of discrimination throughout your employment, and were wrongfully terminated, because of that discrimination.

Erm... LawProffessor, you can step in any time now... hehe

 

[starsinyoursky]

I was initially hired as a full time tracking agent - then later that day of my hiring I was called and told they didnt have the hours to give me 40 a week but as soon as they were available Id be offered them. I wasnt the only one. The rest of the group of 10 people hired with me were promised the same thing. Only a few of those people have been given full time positions to date. And theres no way its from performance - we get evaluated on a monthly basis - and I have a perfect work record. So they cant use my work record. They are using me being absent due to my injury for basis of termination.

 

[cbg]

Yes, they can. Since you have not yet been with the company for 12 months, you are not eligible for FMLA. And if you are not FMLA-eligible, they have no legal obligation to hold your job for you.

In order to be FMLA eligible, you have to have worked a minimum of 1,250 hours AND have worked a minimum of 12 months. So in this case, the 40 hours a week vs. 30 hours a week is irrelevant. Whether your job must be protected in the event of a medical condition is not predicated on whether you are temporary or full time; it is predicated on whether or not you have fulfilled ALL the requirements for elibility.

Since you have not worked for the company for 12 months, you are not eligible for protected medical leave regardless of how many hours you worked per week.