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Threats and Doctor's Notes

Discussion in 'Employment, Labor, Work Issues' started by kelleybellybean, Aug 16, 2018.

  1. kelleybellybean

    kelleybellybean Law Topic Starter New Member

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    Hello,
    My employer recently sent me an email after I called in sick essentially threatening to fire me without a doctor's note. I did indeed acquire this doctor's note and emailed a facsimile to him, but received the same veiled threat to terminate me and a statement that I cannot return to work until he "talks" to me- no information or communication outside of that. Any time my manager or employer requests a note, I am always sure to comply. On the other hand, there are several "favorite" employees that are constantly calling out for various silly reasons, like hangovers, and never get asked for notes to back up their claims. There are also several employees that do absolutely nothing while on the clock and have yet to get reprimanded or even noticed, while I constantly run myself into the ground trying to pick up whatever slack there is. With the 150 installed cameras, it has got to be obvious that they are always on their phones or surfing the internet. I suppose my real question is whether or not it's legal for him to to fire me when it appears no one else is held to the same standard? A little extra background for reality's sake: I was incredibly sick on and off for about five months last year while trying to diagnose what was wrong with me- having multiple doctor's notes backing me up and only using sick time I had accrued.
     
  2. cbg

    cbg Super Moderator

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    On the basis of the facts you've presented, yes, it would be legal for him to fire you even if no one else is held to the same standard.

    This is, however, one of those situations where it is possible - not a slam dunk by any stretch of the imagination, but possible - where additional facts might change the answer. It's also possible that additional facts might support the initial answer.

    Tell me more about the five months when you were sick that year. Did you miss five months of work? (I'm not concerned about whether you did or did not have sick time to cover it and I'm not concerned about whether you had a doctor's note. I'm concerned ONLY about the exact amount of time you missed. Depending on the answer, THEN we can maybe look at some other factors.)
     
  3. kelleybellybean

    kelleybellybean Law Topic Starter New Member

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    I missed 34 throughout the year, so I would approximate 25 of those being specifically for my stomach issues. Because of my erratic stomach issues- I would miss days of work at a time, but never weeks at a time. At the most, I believe I would miss 4 days in a week, but usually 1 or 2. I haven't technically been dismissed yet, I just want to make sure I have every fact I can going in and out of the situation.
     
  4. cbg

    cbg Super Moderator

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    Okay, so now I need some information about you and your employer.

    1.) How long have you worked for this employer?
    2.) How many employees does this employee have within 75 miles of your location?
    3.) In the 12 months before these absences started, did you work at least 1,250 hours for this employer?
     
  5. zddoodah

    zddoodah Well-Known Member

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    How do you know? Are you privy to all communications between these folks? And why do you suppose these employees are "favorites" and you are not?

    Again, how do you know?

    Unless (1) you are being treated differently because of some characteristic like race, ethnicity, national origin, gender, etc. or (2) you are a member of a labor union that has a collective bargaining agreement with your employer that limits the employer's ability to fire employees, it is perfectly legal.

    I agree with "cbg" that the situation relating to your prior medical leave could change things.
     

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