Anyone else fired for being out too long?

jacquelinef09 · August 2014

So my job that I have been with for almost 10 years sent me a certified letter stating that because I've been out of work longer then the 12 weeks allowed by Fmla they are terminating my employment!! Mind you I am on bed rest for placenta previa and collecting disability. I am so stressed about this right now and Nj is an "at will" state so I'm not sure it's even illegal what they are doing ..... Guess I'll be contacting a lawyer....

MrMrsandBaby · August 2014

It is legal. All "at will" means is that you can end your employment for any reason at any time, so can your employer. And if I'm right, they don't even need a reason. FMLA is 12 weeks of job protection. Once that runs out the employer is no longer required to hold your job and can legally terminate your employment. I don't know what the state specific laws are in NJ but some states offer more than the 12 weeks.

It sucks that they didn't contact you before making that decision and is really crappy timing but sadly it is totally within their rights.

Sorry, like you didn't have enough on your mind...

[Deleted User] · August 2014

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bennikki · August 2014

That sucks big time, but I know in my state (MN) the employer would be acting legally. It's definitely a dick move to do it without telling you, but they are within their rights. Do you have any disability you can draw on?

tucker1384 · August 2014

It's crappy but it's legal.

MuffinMom14 · August 2014

We get 26 weeks of disability, but then the 12 weeks FMLA. Which doesn't make sense to me. I only know what my company is doing, and they said when my FMLA runs out, if I need extra time, I can extend it with another 12 weeks of personal leave, so maybe it's by employer? Maybe they can "fire" me during personal leave? I don't know.

Did you discuss anything with anyone before you left? Get anything in writing? Those would help your case, but as everyone is posting, it's probably not going to matter. Sadly, I've seen firsthand that the law is normally there to protect the company, not the employee.

Justabean3 · August 2014

You get 26 weeks disability but not 26 weeks of a job position held.

FMLA only holds your job rolling 12 weeks (total and not by condition, example my sons asthma and my pregnancy go on the same 12 week bank) and then they can let you go for any reason. Have you tried calling and talking to them?

atraveller · August 2014

Wow - don't know the legality but it certainly sucks that they just sent a letter and didn't come to you. Very cowardly of them too. I'm sorry. I'm taking more than 12 weeks, but my employer is aware and they have ensured me its not an issue.

noellemari · August 2014

I'm so sorry they did this! It really sucks! I don't qualify for FMLA in my current part time position because I won't make the 1250 hour requirement, but I contacted HR and am able to take 12 weeks through a personal LOA. Can you call and see if they have some other kind of leave you can at least apply for? Something that's not FMLA?

vrj0522 · August 2014

I'm so sorry OP!

bumpuser10309732 · August 2014

I just want to say that's really shitty of your employer and sorry that I don't have any advice for you. I'm sorry that's happening to you.

themiss · August 2014

That is so shitty! I'm sorry you're having to deal with this on top of everything else

[Deleted User] · August 2014

I'm sorry! I agree with PP, how cowardly of your company.

MsMacual · August 2014

Ugh- I'm so sorry that they are complete assholes! It sounds like a blessing in disguise if that is how they notified a 10 year employee. Idk that I'd want to continue working for an organization that didn't take the time to talk to you first. Definitely look into going on disability as you might be eligible. You also should be eligible for unemployment as you were terminated by them and didn't initiate your termination.

meggiev123 · August 2014

It makes me so sad to think that this kind of behavior is still legal in the United States. It's shameful. So sorry you're going through this.

How large is the company you work for? Is there an HQ you could make an appeal to (even if what they did is legal, a large company may not want that bad PR liability)

MrsL2B · August 2014

That really is a dick move. So sorry.

pepperpotts317 · August 2014

That is awful! I'm so sorry you are going through this.

DreadGamerWife · August 2014

Any idea if they regularly terminate staff after they exceed their 12 weeks of FMLA leave (and are still unable to return to work)? Pregnancy and resulting disability are legally required to be viewed as any other disability. So, if the company does this on a regular basis, then it is their at will right as you have exceeded your legal protections under FMLA. However, if they regularly keep people (who are on disability) on payroll for longer than you might have a reason to look into pregnancy discrimination. Recent cases have ruled for employees in similar positions so larger companies are starting to keep people on the books past the 12 weeks (now, if there isn't a position for them when they return, then they are given their formal notice and laid off).

BreandMikewedding · August 2014

I'm sorry op. That is really a dick move. I do think it is unfortunately legal. I found out after my last pregnancy that fmla requires them to hold "a position" within the company for 12 weeks. It doesn't have to be the same position or the same pay. You could make $25/ hour when pregnant and after maternity leave they could say the only position available is one making $5/ hour. It is legal in my state which is an at will state. Good luck!

munchiemama104 · August 2014

Contact a lawyer about violation of ADA. If your doctor put you out of work, you may have a case. When I was pregnant with DD I hurt my foot that required surgery at 20 weeks. I was out from then until DD was 12 weeks old.I was on bed rest and having to go have it checked once a week. I was covered under ADA since my dr. had put me out. I'm sorry you are going through this. What a pain.

roundabout2 · August 2014

Legal or not... what a bunch of jerks. I get it that they need someone to take your place, but damn, they could have talked to you about a temporary layoff and then getting you back on in come capacity later. 10 years is a long committment to a company. So sorry you had to deal with this!

amstevens78 · August 2014

This is horrible! I am so sorry you are having to go through this. I hope you can get the outcome you deserve. My T&P's are with you.

Kitty Holland · August 2014

Lurker, I am a lawyer and felt the need to respond. This is absolutely disgusting and may be illegal. Please contact an employment discrimination lawyer. It has nothing to do with at will employment and is heavily fact based.
Good luck!

AmandaJean12 · August 2014

I can't give you legal advice in a different state, but as an employment law attorney I can say that you should talk to a lawyer.

I honestly don't know your specific state protections because I've never practiced in NJ, but you may want to talk to a lawyer who has background in the Americans with Disabilities Act and the Pregnancy Discrimination Act.

Saragoeswest · August 2014

I'm sorry. What a terrible thing to have to deal with right now!

MrMrsandBaby · August 2014

Sorry I feel the need to respond again. If the company's standard practice is terminating employment if a leave extends past the 12 weeks of FMLA then the termination doesn't violate ADA or PDA. If it turns out that they accommodate other disabilities past the 12 weeks then OP may have a case.

jacquelinef09 · August 2014

So the company I work for is a restaurant ... If you're from nj maybe you have heard of it, Charlie Browns, some years back they closed down 16 restaurants and the servers were told by a note on the door when they went to come into work.... Because I was a manager I was told at 9 am on the phone. Even though my restaurant closed I was one of the luckier ones to be kept and put in a different store... This happened on November and had over 200 employees with no jobs. Just wanted to give a background on this thoughtless company. There is another woman who was layed off (told they were cutting back) and they continued to hire after the fact...she has a pending lawsuit for many issues one being sexual discrimination... It is mostly a men company and seems that when a woman speaks out she seems to be laid off for other reasons. After speaking to my hr lady today I was completely disgusted... She apologized for the letter and told me I was supposed to have been told by my regional manager ....but any other questions I had I could refer to my handbook under Fmla laws... Sigh... Looks like I too will be filing a lawsuit and after how they treated me I would never go back but am so very sick of how woman get treated.... And since all I have now is time on my hands they better watch out!!!

Glas43 · August 2014

Ugh prayers for you!

Cutiecruz327 · August 2014

I live in NJ. A company I used to work for did that to a guy who had been there forever and was out with some issue, they sent him same letter after 12 weeks. They did tell him once he was able to return to work he could re-apply. Unfortunately it was completely legal. It was a jerk move on their part. Good luck, unfortunately I don't think there is much that can be done.

JessAnnJ · August 2014

Here is a starting point to learn more about what constitutes pregnancy discrimination.

https://www.eeoc.gov/laws/types/pregnancy.cfm

Thewizardofrhythm · August 2014

Kitty Holland said:
Lurker, I am a lawyer and felt the need to respond. This is absolutely disgusting and may be illegal. Please contact an employment discrimination lawyer. It has nothing to do with at will employment and is heavily fact based.
Good luck!

This. I too am a lawyer and second this advice.

Sotho girl · August 2014

That's awful. What a terrible thing to go through!

kikimeemee · August 2014

I'm in HR - if company is in the US, they should be working harder to acommodate your disability and that includes extra time off for medical reasons after FMLA exhausts. Terminating a disabled employee immediately after those 12 weeks are up is very risky for an employer. I'm with the attorney who spoke up!

My brother experienced this same thing but chose not to fight it because of attorney fees and because he is in an in demand field and easily found a new job.

So sorry this happened to you, dear.

DivaMom22 · August 2014

I'm an hr manager and while it sucks, they are within the federal law, the only thing I can say is check your state laws to see if there is something that might come into play. I would call to discuss this with your hr dept. Sometimes you can reapply once you have the baby and they will count your seniority so there is no loss.

sheluvs2travel · September 2014

Wow, what kind of awful employer does this without even a phone call? I am sorry this happened to you, but I am sure that you will find a more family friendly workplace after baby arrives. Good luck.

raynes · September 2014

Holy crap that's shitty. I'm sorry they did that to you.

CubanPinky · September 2014

yea my job is telling me the same thing. But im cool with it. My last day will be Oct 3rd and basically since Ive only been here for like 10 months..i have to use all my pto as maternity leave since i dont qualify for FMLA..then as soon as my PTO is up that will be my termination day. But luckily...unemployment will start from that day on since they are letting me go without any penalties or any craziness.

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