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  1. #1
    Join Date
    Mar 2007
    Posts
    2

    Default Hired, Now Not

    In January I was heavily pursued by a reputable firm in Clayton, MO. I already had a good career as a Controller for 7 years, but with no further growth. After meeting with 3 partners, they convinced me to come to the firm. I gave notice to old emplyoyer on the 25th of Jan. after receiving my letter of offer from the new employer. Since my position, needed sometime to find someone and then train, the new employer agreed that they would let me work on partime basis(3 days a week) and then I have letter stating that if by March 31, 2007 I am full-time I will be egilible for a raise in June. All parties agreed and I started work with the new employer on FEb 5. The employer had also designated two possible big jobs to be my clients. So the date to start was moved to thenfor that reason. By the second week, the partner let me know that the two possible jobs had fell through. At this point they were giving other staffs work to keep me busy and fully chargeable. The partner then let me know that by Feburary 19th they wanted me full-time(55 hours during tax-time) and that I would have to work in the evenings and weekends with the old-employer. Being that this was my new loyalty, I agreed and did so(although all parties had said I had until at least until March 31st). On Feb. 25th I had an unfortunate accident. I broke my leg. My world now turned up side down. I've been told I could be up and going by April with assistance, but by June on my own. Both jobs of course were shocked. I pretty much had trained the new person at the old employer, but was still fielding questions as recently as this past Monday(though no longer have any vacation pay left, used it during the first 3 weeks in at the new employer). The new employer, had called repeatly while I was in the hospital and there after. During one of the conversations, I had talked to the partner about working from home(we have dial in service and laptops) and haveing my husband or courier sending me files. The partner agreed. On March 9th(Saturday) The partner called and said that HR suggested this agrrangment would not be good idea. That there was no longer a position for me with the firm. They suggested I work through there temp agency as a contractor. This was quite the blow, since it took me so long to commit to them and now they were letting me go for my injury. This is a at-will state(Missouri), but I feel that they were in a hurry to get me out of payroll also becuase of the two jobs that no longer were, especially since the partner mentioned that in the conversation which I took as odd. I talked to another partner with the firm, who said that they did not hire me specifically for those jobs, but for talent. I'm having a hard time believing at this point. I had signed up for all the company had to offer. LTD, dental, 401K, savings plan, Eye vision, etc. I was told all would be in effect on March 7th, They let me go on March 9th. I had my last pay check on March 15th. The only deductions were the 401k, savings and parking. I did receive in the mail my dental cards this past week. But I had a call from HR saying that no COBRA would be offered, since I needed to be actively working when benefits began. I have filed for unemployment at this point, mostly becuase I am just hurt on the swiftness of having me off payroll. Do I have any recourse, one to keep my job, have COBRA or anything? Especially considering I had a letter stating if I could be full-time by March 31st. If need be, not wise, I would walk into the building on that date. Also could there be a case for letting someone go with a disabilty(although temporary). What about Good Faith etc. If you feel there could be a case, do you have a list of attorneys in the St. Louis area. Thanks so much. Desarately trying to stay employed!

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Hired, Now Not

    Contrary to popular belief, there is no blanket law prohibiting an employer from terming someone with a "disability". A broken leg does not qualify as a protected disability under the law. Since your condition is temporary, it does not qualify for protection under the ADA. Since you had not worked for the new employer for 12 months, you were not protected by FMLA. It's an unfortunate situation, but your employer was not under any legal obligation under either Federal or Missouri law to provide you with medical leave, or to hold your job for you under the specific circumstances you describe. I realize what a position you are under, but that does not make anything that happened illegal or provide you with legal recourse.

  3. #3
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Hired, Now Not

    Quote Quoting cbg
    View Post
    Contrary to popular belief, there is no blanket law prohibiting an employer from terming someone with a "disability". A broken leg does not qualify as a protected disability under the law. Since your condition is temporary, it does not qualify for protection under the ADA. Since you had not worked for the new employer for 12 months, you were not protected by FMLA. It's an unfortunate situation, but your employer was not under any legal obligation under either Federal or Missouri law to provide you with medical leave, or to hold your job for you under the specific circumstances you describe. I realize what a position you are under, but that does not make anything that happened illegal or provide you with legal recourse.
    I agree it is unfortunate but very temporary. On a positive note, they still want you to consider working for them as a contractor. The person (partner) is not able to circumvent the insurance carrier and human resources on their decision to not hire you at this time.

    cbg, is cobra an option thru her previous employer?

    I had a similar experience many years ago.... I ended up contracting work thru my previous employer. It pays not to overreact or burn bridges.

  4. #4
    Join Date
    Mar 2007
    Posts
    2

    Default Re: Hired, Now Not

    Quote Quoting deadlock
    View Post
    I agree it is unfortunate but very temporary. On a positive note, they still want you to consider working for them as a contractor. The person (partner) is not able to circumvent the insurance carrier and human resources on their decision to not hire you at this time.

    cbg, is cobra an option thru her previous employer?

    I had a similar experience many years ago.... I ended up contracting work thru my previous employer. It pays not to overreact or burn bridges.
    Thanks to both CBG and Deadlock for responding so quickly. I pretty much thought as much, but you never know if you don't ask. I am wondering if I qualify for LTD under the old employer. I was still on payroll and actively working through the day of the accident and have been taking phone calls on any questions they have currently. They do have a policy that I am on and was paid through March. Even though I had given notice, does that matter if I'm still working. I was going to call the insurance company on Monday to see about that. Thanks again for the help

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Hired, Now Not

    Whether or not you will qualify under the old employer's LTD policy will depend on the terms of the policy; it is not addressed by law.

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