sexysmartsweet
New Member
I was in a car accident in Aug 2013 which caused me to be on intermittent FMLA up into around apr 2015 Well in mar I found out I needed surgery, that had to be put off due to my lawyer submitting a letter of tender to the responsible party insurance company because my treatment and surgery would exceed the policy. By May I was running out of fmla hrs causing me to become absent from work. I went to my sup. about not knowing what to do when it was time to have surgery, she advise me according to the policy just to call out each day and once I returned all my absences would run concurrent and count as one occurrence. Well on 29th of may the direct manager called me in his office and asked what was going on I cried and explained the same thing to him. He advise me the same thing and I could apply for std. The following day I applied, I advised std of my lawsuit they said I probably wouldn't get paid due to my settlement amount and to have my lawyer send over my medical record since I wasn't under care @the time. Longer story short, I continue to call out everyday and record each calls. July 29 I text my tm, which is normal behavior between us. I asked if I need to continue to call out everyday? She reply yes everyday. Aug 13 I receive a vm saying to call hr. I call she inform me they send out a letter Aug6 after they were advised 31of july my std was denied. I told her I never got the letter she asked me to confirm my address, come to find out they had my address wrong on the letter but right in the system and the letter stated I needed to return to work by the 8th and than in a second paragraph it said on the 11th. I asked why am I being fired when I didn't get the letter? She said I wasn't calling out like I was suppose too. I asked her to email me the letters that was sent out and the dates I didn't call in. From what I have which is recordings and phone records, they are incorrect about me not calling out. I also have multiple text and email from my tm, which is why I don't understand why she didn't text or email me after they notice I was still calling out when they expected me back to work.
