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termination for illness

Discussion in 'Termination: Firing & Resignation' started by julie, Jun 25, 2014.

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  1. julie

    julie Law Topic Starter New Member

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    Can you be terminated for illness when you have been employed with a corporation for 7 years?
     
  2. Proserpina

    Proserpina Moderator

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    Yes - maybe.

    Can you share more details?
     
  3. cbg

    cbg Super Moderator

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    Yes. There are circumstances where you can be quite legally fired for illness when you have been employed with an employer for 7 years.

    There are also circumstances in which such a termination would be illegal.

    If you would care to share some facts, perhaps we could determine which is the case for you.
     
  4. army judge

    army judge Super Moderator

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    Only a stupid or ignorant employer would terminate someone for being ill these days.
    But, I'm sure there are a few of those dinosaurs still in business.
     
  5. cbg

    cbg Super Moderator

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    So, AJ, how long would an employee have to be out of work before you would consider it reasonable for the employer to let them go? Three months? Six? A year? Two?
     
  6. army judge

    army judge Super Moderator

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    If someone is away from their job, they don't need to be terminated.
    I wouldn't be so dumb as to even try to terminate them using that flimsy ruse.
    If they are out on sick leave and have sufficient sick leave, no worries.
    If they had 10 days of sick leave, but are out for 30 days, no worries.
    People fret and worry about things.
    My strategy is do nothing.
    Most situations will cure themselves.
    I don't recommend terminating anyone because of illness.
    If they are terminated it, its because of EXCESSIVE absences.
    Again, I'd avoid saying anything, if I wanted to terminate someone.
    I'd simply say, your services are no longer required.
    Less is often enough, and sometimes its more.
     
  7. cbg

    cbg Super Moderator

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    A bit semantical, but okay, I'll accept that.

    At least until we hear back from the OP.
     
  8. army judge

    army judge Super Moderator

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    Well, that's what lawyers do, play with words. LOL
    Seriously, have you ever heard of an employer terminating someone because they were out ill?
    To the person terminated, they think its because they were ill.
    In the employers mind, it was because they were absent.
    But, if someone is out and uses up their five sick days, and their eight vacation days, they won't be getting paid.
    Now, they could have short term disability, or even long term disability.
    There are also rules in place to cover what an employee must report, and what proof is required.
    As long as the employee follows those rules, he or she won't be terminated for their illness.

    If the person is under a CBA, its all laid out for all to see and follow.

    Otherwise, they burn their days, they don't get paid.
    That doesn't mean there will be a job for them when they return.
    It also doesn't mean there won't be, either.
     
  9. cbg

    cbg Super Moderator

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    You do have a point there. The employee's perception of why they were let go,and the actual reason they were let go, do not necessarily coincide.
     
  10. Betty3

    Betty3 Super Moderator

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    We still need to hear back from OP re Proserpina's & cbg's questions to determine if such a termination would be legal or not in OP's case.
     
  11. cbg

    cbg Super Moderator

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    Specifically what we need to know:

    How many employees does this employer have?
    How much time has the employee missed due to illness during the past 12 months?
    Does the employee work full time or part time?
     
  12. Betty3

    Betty3 Super Moderator

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  13. cbg

    cbg Super Moderator

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    Additionally, at the end of 12 weeks FMLA no longer offers any protection if you are unable to return to work.
     
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  14. army judge

    army judge Super Moderator

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    FMLA won't see to it that you're paid, if you are away from work for 12 weeks.
     
  15. cbg

    cbg Super Moderator

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    Quite true. FMLA is by statute unpaid leave. However, if the employee has paid leave available, the employer may require or the employee may request that the paid leave be used in conjunction with FMLA. Also, some employers do provide short term disability benefits.
     
  16. army judge

    army judge Super Moderator

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    Many people that ask me about FMLA (in real life) mistakenly believe FMLA will keep the paychecks coming for 12 weeks.
    These days, employers don't offer short term disability (especially smaller firms) or long term disability.
    I'm told they just can't afford to do much more than what the law requires.
     
  17. cbg

    cbg Super Moderator

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    I don't know that I agree with that. I work with employer benefits every day and I think I'd have heard if the disability carriers were going out of business.
     
  18. army judge

    army judge Super Moderator

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    No, insurance companies aren't going out of business.
    But, many smaller employers can no longer afford to offer this benefit.
    ObamaScare is cleaning the little guys out.
    The bigger fish, the whales, and the great white sharks will simply pass the costs along.
    An owner of a small deli, for example, can't do that.
    He or she has to cut corners and costs where it won't impact their patrons.
    My musings aren't scientific or anywhere near a scientific study, simply anecdotal recollections.
     
  19. cbg

    cbg Super Moderator

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    Well, in that case, perhaps we might refrain from scaring the posters, eh?
     
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  20. Betty3

    Betty3 Super Moderator

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    & in regard to federal FMLA, employees working for real small companies aren't even given any job protected leave.
     

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