terminated from (dept. store)

[macgirl12]

I hadn't been working with (dept. store) very long almost 6 months, I had the traditional coaching 2 times and warned 1 time about my attendance. I was an unloader and worked really hard to prevent getting in trouble again.

The main reason I need help is I was in a car accident (not my fault) on sunday called into the store spoke with a head manager Monday morning and told them I wasn't going to be in for a few days and would bring in the ER information when I was able. She said ok and she'd transfer the information to the store manager. I had other employees tell 2 managers over me on Tuesday what had happened they all wished me a speedy recovery. I went in to speak with my store manager Thursday (4 days after the accident) told her what happen and she said that they had already terminated me. (Because they didn't hear from me??) She didn't care to see the information from the hospital and said that my absences is what caused the termination, but from what I remember from orientation is you cannot be immediately terminated for your absences unless you have had your coachings for them, and the last coaching I had for my absences was months ago, there was no way I knew where my absences stood. Plus I was in an accident that left me with a concussion and a Cervical sprain. I couldn't go right back to work after that, I could barely walk for more than 15 minutes with out feeling lightheaded.

I need help because I don't know what to do now and I know what happened was wrong. I do NOT want my job back because I will be ridiculed and picked on for fighting against them And I don't want to have to deal with that.

Please I need further information on what to do
Thanks!

 

[army judge]

You can file for unemployment, and hope the state approves it.
You can begin looking for new employment.
You can hope you recover from your injuries.
Otherwise, an employer need not coach you, talk to you, or even provide you a reason why you've been terminated.
That's about it, unless you buy a lottery ticket, hit a big jackpot and never have to work again.

 

[Betty3]

I removed the name of your employer - partly for your protection.

I don't see where your employer did anything wrong. You hadn't worked there long enough for job protected FMLA to apply (other requirements also have to be met for FMLA).

 

[cbg]

There is nothing in the law that says you have to have been counselled about your absences within x amount of time before you can be fired. There is nothing in the law that says you have to be counselled about your absences before you can be fired, period. Besides which, if you'd worked for the employer less than six months and had already had two coachings and a warning, it can't have been all that long. That's a very short period of employment to have had that many notices that your attendance was unsatisfactory.

You had not worked for the employer long enough to have any protected medical leave. Therefore the fact that you were injured does not provide you with any protections.

Bottom line, while it might have been nice of your employer to cut you some slack because of your injuries, they did nothing illegal by refusing to do so and you do not have any legal recourse except to file for unemployment.

 

[ElleMD]

For the record, I'd have termed you as well. Calling in Monday and leaving it open ended and not providing clear documentation right away would be a deal breaker. Surely the doctor you saw didn't just say to stay off as long as you want and go back to work when you feel like it. Having other employees relate things to your manager is also a poor idea. It is not their job to make sure the employer is informed, it is yours. I'm sure they were concerned for your recovery but they also have someone who in the first few months of employment has been written up multiple times and continued to poorly manage and request time off.