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Nys labor law

Discussion in 'Termination: Firing & Resignation' started by anthonysiracuse77, Mar 26, 2018.

  1. anthonysiracuse77

    anthonysiracuse77 Law Topic Starter New Member

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    Hello all !
    This is my first time posting. I was terminated from my job today with NYS . I was an electrician with the state University for 6 years. The first 5 were great...i was an exemplary employee and never missed work...never was late and never had any disciplinary hearings. Last year my youngest son got epilepsy and was having seizures daily. I needed to take care of him during the day, and as such i requested a reasonable accommodation and had all the necessary paperwork from his nuerologists etc etc. I was told it wasnt a problem and would be taken care of. In the interim i was having to call in and use FMLA . This continued for 3 or 4 months . The duration of which i was on a daily basis asking to be accommodated as i could work 2nd or 3rd shift. And the entire time i wss told it was being taken care of ....and never given an answer when. Eventually i ran out of FMLA and was ordered to report to work or be fired. I had an interogation Hearing and when i showed the schools VP why i missed and all my exchanges with HR and management begging for a shift change.....i was given sympathy and told they would finally accommodate me. At this point my union president brainstormed that we would sign a "last chance agreement" if they did that. Mind you i had never had any disciplinary hearings or attendence issues before this. So im not sure why in fact my own Union wanted a last chance agreement. The agreement held me to 1 absence a month unless scheduled or unless a doctor's note was given for said absences. This was 5 months ago. Last week i was very very ill and had a fever of 104 the highest and 102 the lowest for 7 days . I went to ER 3 times and was scheduled for a CT scan this week. The doctor told me to go home and rest and i can return to work when my fever had cleared for 24 hours without the use of Ibuprofen or tylenol. I returned to work still having a fever against his orders. When i returned i was summoned to HR and told that the note is invalid because it doesnt stipulate why i had a fever. And give am exact date i can return. I explained i still have a fever and i have a CT scheduled so we arent sure yet but i may have an abscess in my mouth. I was told its not good enough and not given a chance to get the note fixed. I was given a piece of paper with a prewritten resignation and told to sign or or be terminated right then. I asked for time to seek legal counsel or at least call an attorney and ask wether i should sign the resignation or i should take the termination and was told no.....sign it now...or be terminated. So i chose to do nothing under duress. And i was terminated. Do i have any grounds for legal action?

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  2. army judge

    army judge Super Moderator

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    I won't throw salt on your wounds, mate.

    I think you know the answer to your questions.

    Have you spoken to your shop steward?

    Have you contacted a lawyer from your union?

    Try the above two options.

    I wish you a speedy recovery, and stabilized health for your child.
     
  3. cbg

    cbg Super Moderator

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    If you have used up your FMLA then as far as the law is concerned, you can legally be terminated no matter how valid your illness. Obviously we cannot know if your union contract gives you any added protections.
     
    hrforme likes this.

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