I was recently fired from my job because of a medical emergency.I was out of sick time but on xmas my son was bitten by a dog and required reconst.surgery.The police did not remove the the dog so for fear for my other kids i was forced to to stay home.I followed the advice of my shop steward and was still terminated.Can they do that?.Do i have any options?
Need Help!
- Thread Starter Kayoss
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cbg
Super Moderator
Since I have not read your CBA I cannot tell you what rights you have through the union. I can only tell you what the law says. You will have to discuss any additional rights the union contract may give you, with your steward.
The situation you describe was almost certainly legal. However, there is one small question in my mind that might or might not help you. To know for certain if it will, I need you to answer the following questions:
1.) How long have you worked for this employer?
2.) How many employees does the employer have within 75 miles of your location? (If exact number not available, is it over or under 50?)
3.) In the last 12 months, did you work a minimum of 1,250 hours?
4.) In the last 12 months, how much sick time have you taken?
5.) What state are you in?
The situation you describe was almost certainly legal. However, there is one small question in my mind that might or might not help you. To know for certain if it will, I need you to answer the following questions:
1.) How long have you worked for this employer?
2.) How many employees does the employer have within 75 miles of your location? (If exact number not available, is it over or under 50?)
3.) In the last 12 months, did you work a minimum of 1,250 hours?
4.) In the last 12 months, how much sick time have you taken?
5.) What state are you in?
Scooterdog
New Member
There is a "duty of good faith" catch here!
"A violation of a "duty of good faith" and "fair dealing" exists when an employer arbitrarily terminates for no good cause after the empoyee has been with that employer for many years."
IDprotector
New Member
You need to find out what your union can do for you, if you are a member.
You also need to consult with an attorney who specializes in employment law with unions.
Best wishes,
Joe
You also need to consult with an attorney who specializes in employment law with unions.
Best wishes,
Joe
cbg
Super Moderator
The problem is that staying home because the police did not remove the dog is not protected under employment law. IF you had stayed home because you needed to take care of the child who had been bitten, that MIGHT have been protected, but by your own account that is not what happened.
Scooterdog has a point but even under "good faith and fair dealing" taking nine sick days for a non-medical situation when there were other potential solutions is pushing your luck to the extreme. Your best bet is to see if you have any protections under your CBA.
Scooterdog has a point but even under "good faith and fair dealing" taking nine sick days for a non-medical situation when there were other potential solutions is pushing your luck to the extreme. Your best bet is to see if you have any protections under your CBA.
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