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Oct 25, 2019, 01:32 AM
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Member Since: Apr 2014
Location: Home
Posts: 8,406
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Quote:
Originally Posted by SlumberKitty
I'm not sure if perhaps employers I have worked for in the past have then committed unlawful terminations, but I have worked for employers in CA that have terminated employees even with a doctor's note, even with hospitalizations, due to excessive absences, the excessive part being based on the company's policy and procedures handbook stating x number of days absent in a x amount of time was considered excessive whether or not the absence was excused. Perhaps they "got away" with something that was unlawful, but unless they get sued or something, it will probably continue. Unless you have a contract, you can pretty much get fired for anything unless it is specifically protected by law like age, gender, etc. I don't have a lot of faith that employers will do the right thing.
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You hit the nail on the head: no one sues them so they get away with it.
But also, they can do it and list it as another reason and get away with it. Workers often dont know the very important steps to follow and document so it's not the case. For example, if you kept calling out unexpectedly sick, they'd say it was constant absenteeism, not because of being sick. However if you establish you are on medical leave, they'd have to say its for another reason. For example, they'd have restructure the department and say your job position was eliminated. Or they'd have to be able to show a history of poor performance. Of course they can normally just fire you but when they have a sick or disabled person on their hands, they have to be careful to show it wasnt discrimination. That's why they pressured the OP into resigning. Inhad the same thing happen to me. Then I had another employer restructure while I was on a week long medical leave. But it was really discrimination. And I did sue. And we settled out of court.
But the long and short of it is that they get away with it because we're all too small to afford lawyers and too sick to deal with a lawsuit. So they keep doing it because no one stops them.
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Primary Dx: C-PTSD and Severe Chronic Treatment Resistant Major Depressive Disorder
Secondary Dx: Generalized Anxiety Disorder with mild Agoraphobia.
Meds I've tried: Prozac, Zoloft, Celexa, Effexor, Remeron, Elavil, Wellbutrin, Risperidone, Abilify, Prazosin, Paxil, Trazadone, Tramadol, Topomax, Xanax, Propranolol, Valium, Visteril, Vraylar, Selinor, Clonopin, Ambien
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