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  1. #1
    Join Date
    Jan 2010
    Posts
    8

    Default On FMLA and Worried About Being Fired

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

    Hello,
    I have worked for this company for 8 years and have had a excellent employment history as well as an outstanding attendance record and a above average performance reviews every year since I have been working here I know I am a valuable honest and good worker. I also am in Arizona.
    The issue now is that we have grown nearly doubled our business and I cannot keep up, I have several e-mails asking for help telling them I cannot keep up they date back to 9/09 I have sent the e-mails to the HR department as well as my supervisor asking for help (nearly 12 e-mails ) some as recent as 3 weeks ago.They also just let someone go and now everything is on me until they replace him and that really put me into a huge anxiety attack.In order to keep up I would have to work 7 days a week as well as evenings as we are a 24/7 company and I could get a service issue after hours.
    I suggested that until they replace the terminated employee to hire someone from manpower or day labor to assist in the warehouse so that portion of my work would be handled, the replacement of the terminated employee will take about 4 months they said no to my suggestion of temporary help and I just have to do my best over the next few months . IF they would have just gotten temporary help I would have not had to work 7 days a week and could have managed with minimal overtime as well.
    Well, on January 4th I had severe chest pains, blood pressure so high I had tingling in my fingers, I called the boss and stopped work and went right to the doctor and I was put out for 14 days (possibly more ) due to severe anxiety and stress brought on by this entire situation.
    I am also on several prescribed medications for the next 6 months minimum.and If my situation doesn't improve I could be out even longer than the 2 initial weeks that my doctor felt was needed to get me away from the stress my job has caused and to also let the medication get my body back in sync.
    My doctor has me on a treatment plan that will require me to go to the doctor several times over the next few months until I show signs of becoming normal with out this severe anxiety and stress.
    They could have avoided this by taking my advice and hiring someone to help or send someone from another office ( as this is a huge global company) with over 4000 employees. however, they chose to overwork me until I now an so overwhelmed I cant sleep without medication.
    I called the HR department and filled out the FMLA paperwork as well as short term disability. I WANT TO GO BACK TO WORK!! I just cannot function working 12 hr days and having to work 7 days a week and possibly having to be called out at night. It is to much. I also attained an attorney in case this gets out of hand.
    I am worried that I was told by my doctor that when I go back to work I need to be on a 46 hour max work week and no more than 4 days a week to be able to pull call after hours at least for the next 30 days . I feel this is reasonable and worry my employer may not. Can they terminate me when I go back saying my job requires overtime and I am not able to do the job as required? or would the FMLA protect me since I am under doctors orders? and also the restrictions are reasonable I can work when I go back no restrictions other than the hours and on call time. Any one have any ideas of what to do? I would hate to go back once I get my nerves and anxiety under control only to be terminated. I even thought about calling the human resource department to ask them as this "fear of termination" doesn't help my anxiety and sleeping issues!! any suggestions?? Thank you for reading this rather long post.
    MC.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: On FMLA and Worried About Being Fired

    You just told us that you have a lawyer, so ideally your lawyer will be have ideas about what you should do.

    We cannot guarantee that you'll be able to keep your job post-recovery.

  3. #3
    Join Date
    Jan 2010
    Posts
    8

    Default Re: On FMLA and Worried About Being Fired

    I never said I wanted a guarantee just advice!

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: On FMLA and Worried About Being Fired

    Ideally, your lawyer is giving you advice.

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