Was Kema wrongfully terminated?

K

Kema's friend

Guest
Jurisdiction
New York
Kema is a young woman who was terminated by WalMart in Amsterdam, NY. Though I live in Florida and haven't seen her for a long time, she's turned to me for help. I found this website through a Google search. Can someone help? I'd appreciate anything that anyone can suggest.

This is Kema's text from yesterday:

Haven't been doing good at all. I had surgery under my left arm due to a cluster of abcesses called hidradenitis suppurativa that took me out of work for 4 days. I'm still healing but have been forcing myself to go to work. i was excused everyday i missed with doctor notes but my job doesn't take them so i guess i exceeded the amount of absences. Yesterday I was terminated. I'm depressed I slept ALL day just woke up I feel like my world is crumbling right before my eyes, that my commitment and dedication to that job was not enough, and my prayers are not enough. I'm angry, hurt, and sad and jobless I'm trying to keep my head up. I'm going to fight just like I have been doing ALL my life and try to get my job back I'm calling the labor board when I can get my phone back on right now I don't have ANYTHING not even my job
 
An employer doesn't need a reason to terminate any employee.
An employee with many absences violates the attendance rules of most employers.
If an employee breaks an emloyer's rules, that employee is likely to be terminated.
Nothing seems improper about Kema's termination.
An employer isn't required to accept a note from any physician, barring a collective bargain agreement to the contrary.
Work isn't akin to public school.

Kema should apply for unemployment insurance.
 
You have way too few details for us to give you anything concrete. It isn't clear why she was even fired or when this procedure happened.
 
Agree-not enough details. I assume she did not qualify for FMLA?
 
army judge said:
An employer doesn't need a reason to terminate any employee.
An employee with many absences violates the attendance rules of most employers.
If an employee breaks an emloyer's rules, that employee is likely to be terminated.
Nothing seems improper about Kema's termination.
An employer isn't required to accept a note from any physician, barring a collective bargain agreement to the contrary.
Work isn't akin to public school.

Kema should apply for unemployment insurance.
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Army judge, I didn't know any of this. Thank you for taking the time to explain. I've texted Kema re: unemployment insurance. Thanks again.
 
ElleMD said:
You have way too few details for us to give you anything concrete. It isn't clear why she was even fired or when this procedure happened.
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I think it happened on Saturday 1/16/16. I assume it happened because she missed too many days. Thank you for your time.
 
Betty3 said:
Agree-not enough details. I assume she did not qualify for FMLA?
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Hi Betty, thank you for taking the time to answer. I don't know anything about the FMLA, including whether Kema would qualify as a covered worker, but will do some reading online. Thank you again, I appreciate your help.
 
If she only worked there for 5 months, FMLA does not apply. She could have been let go for attendance reasons. For unemployment to kick in, she would have to have enough past employment to qualify, but it need not all be at the same place.
 
If she had only worked there for five months, then Walmart was within their rights to term her. I"m not saying I would have done the same thing, but it was legal - not a wrongful term.

She should absolutely apply for UI. If she worked previously, before the Walmart job, she may still qualify. In any case, there is no penalty for being wrong and the worst that can happen is that she's denied; in which case she is no worse off than if she never applied in the first place.
 
cbg said:
If she had only worked there for five months, then Walmart was within their rights to term her. I"m not saying I would have done the same thing, but it was legal - not a wrongful term.

She should absolutely apply for UI. If she worked previously, before the Walmart job, she may still qualify. In any case, there is no penalty for being wrong and the worst that can happen is that she's denied; in which case she is no worse off than if she never applied in the first place.
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You've been amazingly helpful. I'll tell Kema what you've said.
ElleMD said:
If she only worked there for 5 months, FMLA does not apply. She could have been let go for attendance reasons. For unemployment to kick in, she would have to have enough past employment to qualify, but it need not all be at the same place.
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This is very, very helpful Thank you so much, cbg, I'll pass the info on to Kema. (I give thanks that I work at a university, not at Walmart)
 
ElleMD said:
If she only worked there for 5 months, FMLA does not apply. She could have been let go for attendance reasons. For unemployment to kick in, she would have to have enough past employment to qualify, but it need not all be at the same place.
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Thank you, ElleMD. This is a helpful explanation. It must sound very naïve to you, but I didn't realize that a person with a legitimate medical condition can be summarily dismissed as if he or she had committed a willful offense. Well, thanks again.
 
Basically, if the person hasn't been there at least 12 months, the law doesn't get involved one way or the other. It is totally up to the employer whether they wish to grant leave, how much to grant, and what limitations or rules are placed on that leave. Most employers will grant some time but there is no standard. Even if they were willing to grant some time, it isn't clear whether your friend followed their policy to request the time, or had other issues which led to termination. We only have a fraction of the story and only one side at that.
 
She should look for other employment & apply for unemployment ins. at this time. If she worked elsewhere previously, she might qualify. Good luck to her.

(Based on what is posted, the employer did not do anything wrong/illegal.)
 
ElleMD said:
Basically, if the person hasn't been there at least 12 months, the law doesn't get involved one way or the other. It is totally up to the employer whether they wish to grant leave, how much to grant, and what limitations or rules are placed on that leave. Most employers will grant some time but there is no standard. Even if they were willing to grant some time, it isn't clear whether your friend followed their policy to request the time, or had other issues which led to termination. We only have a fraction of the story and only one side at that.
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Thank you very much for the clear explanation to this clueless citizen :)
 
Betty3 said:
She should look for other employment & apply for unemployment ins. at this time. If she worked elsewhere previously, she might qualify. Good luck to her.

(Based on what is posted, the employer did not do anything wrong/illegal.)
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Thank you very much, Betty3! What a helpful board this is, I appreciate your sharing your time and knowledge.
 
You're welcome & we always appreciate the thanks. :)
 

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