wrongful termination

[doxiejoy]

My daughter was terminated from her job at a large international company headquartered in California last week. She had been sick w/ a strep infection and under a doctor's care.She was told to remain home for several days but she returned to work the next day because she heard via a co-worker that her boss was upset with her for being off work. She worked a couple of days then passed out at work and was sent home for the remainder of the day. She then went to see her doctor and was sent to the hospital for tests including a spinal tap for meningitis. The tests showed that she had mono and still had the strep infection. Her doctor advised her that she should take a leave of absence for at least a month. She couldn't afford to lose the income and she was afraid they would fire her (although the doctor told her they could not legally fire her) so the doctor had her stay out of work the remainder of the week and part of the following and released her for limited work schedule the end of following week and the next week then back to full schedule the next to be revised if necessary. During the limited work schedule week she had to take 2 more days...not consecutive...because she was weak and nearly passing out. Each and everyone of these absences were with the proper medical authorizations. I should tell you here she is not covered under FMLA because she has been with the company only 10 months but I also need to mention that she may be covered under ADA because she is a severe asthmatic. Any way I am wondering if her termination was legal? The HR person says that their attorneys say it is. I have to wonder why they felt the need to mention that at her termination since she had not challanged them on it. Rather than saying that her history of illnesses had caused her termination they are saying that her work performance had fallen off in the last few months and that she was not working up to what they considered her pay level. Oddly they had never sat down and told her that prior to this meeting. (They don't do semi-annual or annual evaluations.) Her boss had even told her a while back that they had hit the jackpot when they got her. Her direct supervisor even went to bat for her and told them that she was an excellent worker but they didn't want to hear it. They had their minds made up to get rid of her. Seems to me that they want to cover their butt since their true reason seems pretty transparent. They also said that they would not deny her unemployment claim. Not sure that has any bearing on the situation...just threw that in there. Does she have a wrongful dismissal case?

 

[army judge]

Employers, contrary to popular belief, do not have to apprise you of poor performance.
Most employees work on an at will basis.
They work without contracts, and serve at the pleasure of the employer.
Employers only have to be fair and follow the law.
In your daughter's case, I see nothing unusual in her termination.
I do not see the anything to support wrongful discharge litigation.
But, you can always speak with a local attorney and seek another opinion.
Heck, I'm sure other attorneys, who frequent this site; will opine on this matter in due time.

 

[doxiejoy]

I appreciate your response but I am confused. Her supervisor said her work was excellent, her boss said he had hit the jackpot with hiring her, and no complaints had ever been voiced prior to her termination during a medically authorizied absence and this doesn't seem odd to you?

 

[doxiejoy]

I appreciate your response but I am confused. Her supervisor said her work was excellent, her boss said he had hit the jackpot with hiring her, and no complaints had ever been voiced prior to her termination during a medically authorizied absence and this doesn't seem odd to you? If that is the case that what is the point of ADA. Should the employer not have to have proof of these claims?

 

[army judge]

I appreciate your response but I am confused. Her supervisor said her work was excellent, her boss said he had hit the jackpot with hiring her, and no complaints had ever been voiced prior to her termination during a medically authorizied absence and this doesn't seem odd to you? If that is the case that what is the point of ADA. Should the employer not have to have proof of these claims?

Americans with Disabilities Act (ADA)

The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress.

To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.

Many things that strike me as ODD, do not necessarily qualify as matters to litigate.

Your daughter is not a protected person under existing ADA laws.
This website will disclose almost everything you'd want to know about ADA!
http://www.ada.gov/

http://www.ada.gov/cguide.htm

Bottom line, employment without a contract, is at will employment.

There is no legal right to employment.

But, please exercise your right to consult an attorney that practices in your jurisdiction.

And, no matter what any attorney thinks or says, issues such as this are decided in courts of law.

I'm sure a young attorney in your jurisdiction would appreciate the business, especially in this economy!:yes:

Charges of employment discrimination on the basis of disability may be filed at any U.S. Equal Employment Opportunity Commission field office. Field offices are located in 50 cities throughout the U.S. and are listed in most telephone directories under "U.S. Government." For the appropriate EEOC field office in your geographic area, contact:

(800) 669-4000 (voice)
(800) 669-6820 (TTY)

www.eeoc.gov

 

[Patricia_Young]

BTW, it is not a good idea to listen to doctors about employment matters. Would you trust your HR director to advise you on medical issues?

 

[theretoo]

The OP is in CA and CA disability laws are much more employee friendly than ADA.

First off, the OP's daughter's employer had sufficient information to notify the employee of her rights under CFRA and FMLA and in the state of CA, the employee has no obligation to request this job protection, it is the employer's responsibility to provide it without being asked. The employer is required to designate her time off as CFRA. If the employer failed to do so, then the OP's duaghter has the right to file a discrimination complaint under the CA Department of Fair Employment and Housing.

Also, contact any employment law attorney in your area. Your daughter's rights as an employee in the state of CA have been violated.

http://www.dfeh.ca.gov/DFEH/default/

 

[theretoo]

To Patricia Young, no I would no trust my HR director for anything. They think they are exempt from employment law with the continued excuse of the economy. in CA, contact the DFEH.

 

[mlane58]

The OP is in CA and CA disability laws are much more employee friendly than ADA.

First off, the OP's daughter's employer had sufficient information to notify the employee of her rights under CFRA and FMLA and in the state of CA, the employee has no obligation to request this job protection, it is the employer's responsibility to provide it without being asked. The employer is required to designate her time off as CFRA. If the employer failed to do so, then the OP's duaghter has the right to file a discrimination complaint under the CA Department of Fair Employment and Housing.

Also, contact any employment law attorney in your area. Your daughter's rights as an employee in the state of CA have been violated.

http://www.dfeh.ca.gov/DFEH/default/

Re read the post. The OP's daughter had only been there 10 months, so CFRA and FMLA don't apply and your asinine comment about HR directors thinking they are exempt from employment law is unfounded and totally without stupid. To make a blanket statement like that because you feel you were screwed over, doesn't hold true for the rest of the HR community.