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  1. #1
    Join Date
    Nov 2013
    Location
    Salt Lake City, Utah, United States
    Posts
    14

    Default Fired While on FMLA

    My question involves labor and employment law for the state of: Utah

    I was on FMLA starting in August 2013 for a reduced work schedule. The company approved I was using more hours than my original FMLA approval so my DR added additional hours and I turned this in on November 22,2013. I was called in on November 26, 2013 and told I was fired. Their reason was I made a note in a patient case and the phone call related to the note could not be found. They said this was on 38 % of my notes in cases that I had made. They said I was making false notes to benefit a higher work load to gain a bonus. I have emails showing I was constantly having phone problems and this could be why they could not find a recorded call. Human resources said they would look into this and call me in the morning. The next morning I was told the Vice President did not believe my word said I committed fraud and I was fired.

    The calls they were monitoring and used were from the date of November 11, 2013 the FMLA was turned in on November 22, 2013 I was fired on November 27,2013. I was told because it was fraud no write up just fired. Also My FMLA I was currently on that was turned in on August 26, 2013 was still active. I was told by my supervisor I would need a note from the DR for each day I missed.

    I was called today November 29, 2013 by some of my former friends that still work there and my supervisor had called some into a locked room and questioned them about my belongings and let them know I was fired and it was definately not FMLA related. Can a supervisor do this and harass my former friends there.

    I was employed for this Million dollar company for 3 1/2 years. Do I have a reason to file a law suit?

    I should also let you know I was not on any corrective action and always had good performance reviews. I also was given quarterly bonuses for my Good hard work.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Fired Whie on FMLA

    FMLA doesn't protect you from being fired for misconduct.

    How many weeks were you actually out though?

  3. #3
    Join Date
    Nov 2013
    Location
    Salt Lake City, Utah, United States
    Posts
    14

    Default Re: Fired Whie on FMLA

    I was not out completely I was still working 24 hours a week instead of my 40 hours. This was over a 3 month period of time. I also understand FMLA does not cover misconduct. I did not make false notes like they are accusing me of doing.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Fired Whie on FMLA

    You didn't answer the question.

    You said in your original post that the employer approved extra time - implying that you'd gone over the statutory period.

    Please clarify.

  5. #5
    Join Date
    Nov 2013
    Location
    Salt Lake City, Utah, United States
    Posts
    14

    Default Re: Fired Whie on FMLA

    I apologize I had not gone over the amount of FMLA granted. I simply turned in an extension of my FMLA for a longer period of time for 6 months. This was turned in on November 22, 2013 my current FMLA was expired to run out in December 2013. When I say in my original post my employer wanted a DR note for days I had missed while on FMLA.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Fired Whie on FMLA

    What I'm seeing is this:


    They can show that in almost 40% of cases you claim to have worked on there is/was no evidence that they were actually legitimate calls.

    You can't prove otherwise.

    It does seem like a slamdunk for the employer. A few missed calls here and there is one thing. But 40%?

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fired Whie on FMLA

    Nothing you have posted is proof positive of wrong doing on the part of the employer.

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