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Dh got fired today *update from attorney*

Posted by Anonymous   + Show Post
Dh had been with his company 11 years. He gets 4 weeks paid vacation, 2.5 weeks sick leave and 1.5 weeks personal days a year. It's fucking February and Dh is sick. He told them Monday after work that he was really sick and couldn't work yesterday. They said fine. He called them yesterday around 1pm and said he wasn't getting any better and wouldn't be in today. They told him to go to the doctor and get a note or he would be fired. He went yesterday and his fucking insurance was declined!! He called his boss, who told him not to pay out f pocket until he got ahold of hr. he called hr and the lady didn't call back, so he figured he would get it straightened out today.





He called the insurance company who said it's a group policy, and he has to go through his employer. He called hr again today and she said there was a lapse in insurance; somehow someone forgot to pay the insurance company.





Since he didn't go to the doctor yesterday because his insurance is lapsed through no fault of his own, he has been fired for missing work without an excuse. He had sick days, so what's the deal?!





WTF?? We have already called an attorney and are going to sue for wrongful termination and get all our insurance premiums back. We are livid.



Btw--all conversations are recorded at his work.

Update: I am back now. He says we do have a case. Everything was recorded, because the company records all phone conversations. Dh signed a policy at the beginning of the year that differed from what his boss told him. We will be contacting the hr/legal dept at his company this week or next.

Right to work or at will still does not allow to be fired without recourse. While a company can fire you, they must give the unemployment office a reason. Dh had not had a single makes on his service record for the last 11 years. He hasn't been late in three years, and hasn't missed a single day of work since April 2008 when ds was born. He is very adamant about his work. He is a building inspector and had uncovered where his company was letting things slide through without actually being checked so we believe that's why he was fired. We have proof of this shady business.
Posted by Anonymous on Feb. 6, 2013 at 1:46 PM
Replies (71-80):
Nolanzo
by Silver Member on Feb. 6, 2013 at 2:19 PM
What state are you in?
Posted on the NEW CafeMom Mobile
Wicked.Jester
by on Feb. 6, 2013 at 2:21 PM

Well then you may have a case.  I actually hope you do, it sounds like a raw deal to me too, but its a hard thing to prove.

Quoting Anonymous:

Company policy states doctors note is required for illness when you miss work for more than four consecutive days. He missed one and was fired the next day. Above that, phone conversations are recorded so there is evidence where his boss told Dh to wait, and then fired him for waiting.


Quoting Wicked.Jester:

Yeah to get around at-will you have to prove wrongful termination or discrimination.  Given they TOLD him the condition of employment and he DID NOT fulfill it, it is quite unlikely they will be able to prove either.

Quoting Anonymous:

 Yeah, ok.  Make sure you let us know how it all turns out.  LOL.


Quoting Anonymous:

LOL I do this or a living. I know what I'm talking about and so does my attorney. You clearly don't.



Quoting Anonymous:


 If you are in a right to work state, none of that will matter.  They can fire him for any reason.  And especially for excessive absenteeism.  You'll be lucky if he even gets unemployment.  Especially if you start making stupid threats. 



Quoting Anonymous:

We live in an at-will state, but wrongful termination is still illegal. Nowhere does it state in the handbook that you need a doctors excuse, or that you won't be allowed to work without one or fired if you don't have one. This has never been policy.

Regardless, my attorney has assured me this is illegal and we will receive compensation.




Quoting sweetnspacey:



Depends on the state you live in, a lot are right to work states and you can be fired for any reason.




 



 




Anonymous
by Anonymous - Original Poster on Feb. 6, 2013 at 2:23 PM
And it has to be signed by the employee when it is changed, per the policy. They did not do this.


Quoting Anonymous:

 And they can change their "policy" at any time, which apparently they did.


Quoting Anonymous:

He must sign company policy annually which states in their illness policy 'work missed for more than four consecutive days due to illness requires a note from a physician for readdmittance.' He missed one day and was fired the next.

At-will and right to work does not mean you can be fired for whatever. There are still laws. Employers do have to provide a legal reason to the unemployment office and attorneys.



Quoting Allie_kat1:

If they are not under contract, yes you can. Company policy may be different, but from a legal perspective, an employer in a right to work state does not even have to offer a reason for termination. It may depend on specific state laws, but that's how it is here. It sucks, but that's how it is.



If your state has laws regarding it, and he had a copy of the most current company handbook, and there is nothing regarding it, then he may have a case. Here he wouldn't.





Quoting Anonymous:

The company has never required it, and it is not in the policy.





At-will employment does not mean you can fire an employee for whatever reason, sorry. I work in Employment and Adjustments (hiring, firing, etc) for my company, and this is wrongful termination. This was not legal, and my attorney agrees. You are incorrect.







Quoting Allie_kat1:

Sounds like the $35 cost of going to an urgent care and paying out of pocket would have been a good idea. The insurance has nothing to do with needing to provide a drs note for sick days, which is well within the companies rights, and many companies require. He did not do so, which is grounds for termination. And if you live in a right to work state, they don't even actually need a reason. Is it fair, or right, no. However it was most likely legal, and the best he can hope for is unemployment.




 


kayla4507
by on Feb. 6, 2013 at 2:24 PM

I havee to go to the doctor no matter what if Im sick for more than 3 days. When I had ringworm, I had to go to the doctor to have the doctor tell me it was ringworm, which I already knew and tell me I could go to work or I couldnt come to work and I would have been fired. I didnt have the money, I dont have insurance. Luckily, my boss didnt want to have to fire me so she paid for the doctor. 

Anonymous
by Anonymous - Original Poster on Feb. 6, 2013 at 2:24 PM
1 mom liked this
He would have, but when he called his boss, boss told him to wait until he got ahold of hr, and not to pay OOP yet. Dh did what he was told and got fired. This conversation was recorded.


Quoting AntzMom24:

So have I. When it comes to work excuses I foot the bill and get reimbursed later if it's needed. That fee could have saved his job and you would have gotten the money back.  

Quoting Anonymous:

He could have paid for the doc visit and been reimbursed from the company when the insurance was fixed. I had to do that once. Good luck.



AntzMom24
by on Feb. 6, 2013 at 2:25 PM

Well that sucks! I hope you drain that company dry! 

Quoting Anonymous:

He would have, but when he called his boss, boss told him to wait until he got ahold of hr, and not to pay OOP yet. Dh did what he was told and got fired. This conversation was recorded.


Quoting AntzMom24:

So have I. When it comes to work excuses I foot the bill and get reimbursed later if it's needed. That fee could have saved his job and you would have gotten the money back.  

Quoting Anonymous:

He could have paid for the doc visit and been reimbursed from the company when the insurance was fixed. I had to do that once. Good luck.




Anonymous
by Anonymous - Original Poster on Feb. 6, 2013 at 2:25 PM
Everything was recorded, policies must be signed annually and nothing had changed. His boss just did what he wanted.


Quoting Wicked.Jester:

Well then you may have a case.  I actually hope you do, it sounds like a raw deal to me too, but its a hard thing to prove.

Quoting Anonymous:

Company policy states doctors note is required for illness when you miss work for more than four consecutive days. He missed one and was fired the next day. Above that, phone conversations are recorded so there is evidence where his boss told Dh to wait, and then fired him for waiting.





Quoting Wicked.Jester:

Yeah to get around at-will you have to prove wrongful termination or discrimination.  Given they TOLD him the condition of employment and he DID NOT fulfill it, it is quite unlikely they will be able to prove either.

Quoting Anonymous:

 Yeah, ok.  Make sure you let us know how it all turns out.  LOL.



Quoting Anonymous:

LOL I do this or a living. I know what I'm talking about and so does my attorney. You clearly don't.




Quoting Anonymous:



 If you are in a right to work state, none of that will matter.  They can fire him for any reason.  And especially for excessive absenteeism.  You'll be lucky if he even gets unemployment.  Especially if you start making stupid threats. 




Quoting Anonymous:

We live in an at-will state, but wrongful termination is still illegal. Nowhere does it state in the handbook that you need a doctors excuse, or that you won't be allowed to work without one or fired if you don't have one. This has never been policy.

Regardless, my attorney has assured me this is illegal and we will receive compensation.





Quoting sweetnspacey:




Depends on the state you live in, a lot are right to work states and you can be fired for any reason.





 




 






calvinsmommy18
by Gold Member on Feb. 6, 2013 at 2:26 PM
This.

Quoting Anonymous:

He could have paid for the doc visit and been reimbursed from the company when the insurance was fixed. I had to do that once. Good luck.
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ilovemykids323
by Platinum Member on Feb. 6, 2013 at 2:26 PM

 yea this is what i would have done. I would have gotten my note and had the insurane pay reimburse me for it.

Quoting Anonymous:

He could have paid for the doc visit and been reimbursed from the company when the insurance was fixed. I had to do that once. Good luck.

 

Anonymous
by Anonymous - Original Poster on Feb. 6, 2013 at 2:33 PM
His told him to wait and then fired him for waiting.


Quoting calvinsmommy18:

This.



Quoting Anonymous:

He could have paid for the doc visit and been reimbursed from the company when the insurance was fixed. I had to do that once. Good luck.

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