General Discussion

Ms. Toad

(38,422 posts)

55. Just reacting to your response that seemed to suggest

Sat Mar 23, 2019, 02:41 PM

Mar 2019

you were answering without having read my post, in which I addressed the duration of leave (and also seemed to imply the choice was up to the employer).

Click here to purchase valentine hearts!

Edit history

Please sign in to view edit histories.

Recommendations

0 members have recommended this reply (displayed in chronological order):

90 replies

= new reply since forum marked as read

Highlight:

Out on disability... just got fired [View all] FirstLight Mar 2019 OP

It never hurts to consult a lawyer Evergreen Emerald Mar 2019 #1

I would say just go straight to the EEOC TexasBushwhacker Mar 2019 #69

I'm so sorry janterry Mar 2019 #2

I think you're right lunatica Mar 2019 #3

This is not right. Good luck to you with this. Miigwech Mar 2019 #4

Corporate america sucks... wcmagumba Mar 2019 #5

Not a corporate gig, non-profit... FirstLight Mar 2019 #6

If they fired you after you were out for 12 weeks, they abided by the law. Honeycombe8 Mar 2019 #36

I am so sorry! What an awful way to do this. FM123 Mar 2019 #7

Hopefully you don't live in a "right to work" state Va Lefty Mar 2019 #8

Not when it violates federal law - Ms. Toad Mar 2019 #10

I am just wondering what if any limits are there to such a leave? I mean surely it cannot be cstanleytech Mar 2019 #23

12 weeks in a 12 month period Ms. Toad Mar 2019 #54

Omg! Do we all need to study labor laws to avoid the sandtraps? OhNo-Really Mar 2019 #68

My two personal experiences with it have been pretty pain free Ms. Toad Mar 2019 #71

Yes, I agree it is better. Confusion can hide sin so ther's that OhNo-Really Mar 2019 #73

Federal law never guaranteed paid leave - or any leave at all - before FMLA. n/t Ms. Toad Mar 2019 #74

Don't know law history, but ole enough to remember "paid sick leave" OhNo-Really Mar 2019 #76

I mean....yea.... theboss Mar 2019 #89

That is FMLA. guillaumeb Mar 2019 #77

Correct - I was responding to a question about whether it could go on forever Ms. Toad Mar 2019 #78

And being fired because one suffered an on the job injury is ilegal. guillaumeb Mar 2019 #79

You can't be fired as retaliation for filing a claim following a work injury. Ms. Toad Mar 2019 #80

If the disease is aggravated by the employment, guillaumeb Mar 2019 #83

Unlikely with an autoimmune disease. n/t Ms. Toad Mar 2019 #85

That depends. guillaumeb Mar 2019 #86

I'm an attorney, Ms. Toad Mar 2019 #90

"Firing for any reason" is not "right to work," it's at-will employent, which is an understanding WhiskeyGrinder Mar 2019 #20

You are right. My error. Va Lefty Mar 2019 #22

Agreed. But wrong term. EndGOPPropaganda Mar 2019 #52

I call it "right to scab," myself. WhiskeyGrinder Mar 2019 #75

Also good EndGOPPropaganda Mar 2019 #82

I'm so sorry. n/t area51 Mar 2019 #9

I'm sorry. Beacool Mar 2019 #11

If it's a large enough company Ms. Toad Mar 2019 #12

Gonna contact state disability monday FirstLight Mar 2019 #13

Good move. Ms. Toad Mar 2019 #16

They had to wait 12 wks to fire you, which they did, seems like. Honeycombe8 Mar 2019 #32

Nope FirstLight Mar 2019 #48

Does that org. have 50 or more employees? Honeycombe8 Mar 2019 #50

Document everything--most important Bayard Mar 2019 #40

How long were you on disability? thx in advance uponit7771 Mar 2019 #14

Since first week of Dec FirstLight Mar 2019 #15

That would be FMLA - Ms. Toad Mar 2019 #17

If it is FMLA, you won't get an infinite amount of time off... Drunken Irishman Mar 2019 #30

Your job is only protected for 12 weeks. Honeycombe8 Mar 2019 #33

Yup. You can get extensions but that's on you... Drunken Irishman Mar 2019 #34

Yes. I've seen it, too. I can understand the 12 week limitation, though. Honeycombe8 Mar 2019 #39

Employers aren't required to offer extensions Ms. Toad Mar 2019 #58

It's federal law (not "most places") Ms. Toad Mar 2019 #51

I never said they could. Drunken Irishman Mar 2019 #53

Just reacting to your response that seemed to suggest Ms. Toad Mar 2019 #55

The employer will work on specific extensions. Drunken Irishman Mar 2019 #57

But that's not a right under FMLA (which is what i was addressing) Ms. Toad Mar 2019 #59

Lawyer up. sarcasmo Mar 2019 #18

Damn, and would be different if you didn't like the job....it's tough. a kennedy Mar 2019 #19

Your state may have an office for this. Look for an employment office. McCamy Taylor Mar 2019 #21

I too think you should contact a lawyer. arthritisR_US Mar 2019 #24

Sorry to hear. Pepsidog Mar 2019 #25

Contact a lawyer and Sherman A1 Mar 2019 #26

Exactly Omaha Steve Mar 2019 #81

You'll get some money in a lawsuit donkeypoofed Mar 2019 #27

Oh, no. I'm so sorry. That's rough. Did they say why? Honeycombe8 Mar 2019 #28

Sorry to hear about this! Different Drummer Mar 2019 #29

Companies wait quietly for your Family Leave time to run out DirtEdonE Mar 2019 #31

A lot of companies will work with the person when their leave runs out... Drunken Irishman Mar 2019 #37

They've perverted the Family Leave Act DirtEdonE Mar 2019 #38

He was out on short term disability. That's covered by disability insurance. Honeycombe8 Mar 2019 #41

It's all sketchy DirtEdonE Mar 2019 #45

If he worked for a small business, none of this applies, anyway, I think. Honeycombe8 Mar 2019 #47

I think it depends on the company... Drunken Irishman Mar 2019 #42

Generally, the paid time leave runs simultaneously with FMLA Ms. Toad Mar 2019 #61

HR here TalenaGor Mar 2019 #35

+1 - but is the requirement still in place DirtEdonE Mar 2019 #43

The employer may require you to take accrued leave - Ms. Toad Mar 2019 #62

yep TalenaGor Mar 2019 #72

If his employer is a small business (fewer than 50 employees), none of this applies... Honeycombe8 Mar 2019 #46

They run concurrently. Ms. Toad Mar 2019 #63

Now sure what state you're in, but most have protection for such cases. Document EVERYTHING! George II Mar 2019 #44

Firing you in a message is suspicious behavior. TNNurse Mar 2019 #49

They didn't give me shit...no forms, nothing FirstLight Mar 2019 #56

btw...been with them since 2015, and had to do short term disability once before FirstLight Mar 2019 #60

May not have enough employees for FMLA - Ms. Toad Mar 2019 #65

Check with an attorney - Ms. Toad Mar 2019 #64

It depends on the circumstances. They cannot legally fire you because you went on totodeinhere Mar 2019 #66

Not on SSDI Federal... bu I was going to apply this year for partial FirstLight Mar 2019 #67

SSDI lawyers are limited in the amount they can receive if your claim is approved. haele Mar 2019 #87

Late capitalism is upon us wellst0nev0ter Mar 2019 #70

You have a free lawyer - EEOC ksoze Mar 2019 #84

Thanks... FirstLight Mar 2019 #88