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  1. #1
    Join Date
    May 2008
    Location
    North Ft Myers, FL
    Posts
    1

    Default Missing Work And Discipline, With Medical Issues

    My question involves business law in the state of: Florida.

    I am not too sure what this would fall under, but nor was it legal and ethical either.

    I work for McDonalds McBLT Franchise. I was told usually when you call out if it is for personal reasons that they could not question it. Is this true?

    The reason I ask is because as follows.

    1. They give me crappy hours, personally I don't want to work for them, but I'm head of household and need the money.
    2. I called out last night because I was hospitalized. The brat 10 yr old that I babysit for kicked me twice in the stomach causing bruising under my ribs that needed to be drained, and they also diagnosed me with a high-risk UTI (I knew that one already, but they said I was lucky I came when I did because it wouldve become a kidney infection)
    3. I was told by RJ (the manager) last night to call in this morning to remind them I couldn't make it in for my shift.
    4. When I called this morning the manager was very rude. She said the following: "April do you really want this job because I got 82 crew that need hours" my reply was yes, but I had personal things come up. Her response was "Well then you need to show up for work today"I said "I cant because I was hospitalized last night until 5am, and the doctor told me I needed to rest" She said "thats not my problem. Your late to work all the time (one time BTW, because the cab was late) you call out almost every weekend for personal issues (not true either, I called out last Saturday because I was still panicky from the molestation thing, and didn't feel that my manager needed to know my whole life story) and you seem like you don't want this job. I said "I do want this job but I had a personal problem come up"

    She said "well then your either here today or your fired" then I said "I cant come in today, I'm sorry. I had personal problems come up" at this point I was in tears. She said "Then don't come in next week your suspended for your attitude" (I didn't have an attitude) and I said so then fine I quit, she said "thats it your quitting" and I was like no, but I'm sorry I CANT COME IN TODAY. I HAD PERSONAL ISSUES COME UP, and hung up

    My Questions as follows:
    1. Is this a correct way to follow employment procedures?
    2. Do they have legal right to question my personal issues
    3. Is it legal and correct of them to suspend me?
    4. What would this be considered? Any violation of labor laws or Work Employment laws? Conduct Unbecoming of a Manager?


    I need answers and fast.

    My fiancee just got laid off of his mcdonalds for lack of hours.

  2. #2
    Join Date
    Jan 2006
    Posts
    27,021

    Default Re: HELP Please: Work Issues, Conduct Unbecoming??

    unless your absence falls under the FMLA, they have the right to fire you for missing work, even if it is due to illness or injury.

    How they treat you as described is not illegal.

    My Questions as follows:
    1. Is this a correct way to follow employment procedures?
    that is a company policy issue, not a legal one.


    2. Do they have legal right to question my personal issues
    yes


    3. Is it legal and correct of them to suspend me?
    legal; yes correct; that is a company policy issue.


    4. What would this be considered? Any violation of labor laws or Work Employment laws?
    Not unless the FMLA is applicable

    Conduct Unbecoming of a Manager?
    that is a matter of company policy, not a legal matter.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    16,889

    Default Re: Missing Work And Discipline, With Medical Issues

    I was told usually when you call out if it is for personal reasons that they could not question it. Is this true?

    No. Not even close.

  4. #4
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Missing Work And Discipline, With Medical Issues

    Agreed.

    Whoever told you that personal issues were never questioned either doesn't know jack or was lying to you.

    On another point... if I had an employee that I was in the middle of a verbal fight with and kept coming back with "I can't for personal reasons" and then told me she quit, I would accept that resignation on the spot.

    Sorry, this isn't kickball. You don't get do overs.

    Look for another job... and sue the parents of the 10 year old for your injuries.

  5. #5
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Missing Work And Discipline, With Medical Issues

    Agree with the other responders - nothing illegal done by your employer based on the information in your post.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

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