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Old 03-01-2007, 01:42 PM   #1
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Join Date: May 2006
Location: Charlotte,NC
Posts: 80
Vicky67 HB User
JUSTONEOFUS Answer to your ques.

Uh.. you are on FMLA and they fired you while "on it" and it was not exhausted? By standard, that is illegal and why FMLA was made law to protect from this. The only way they can legally do that is if your position was "essential" and then fmla would not apply to you anyway. Did they abolish your job? Umm, how long were you on fmla and you do know that fmla is done by calendar year from the first onset? It's cummulative. If I recall, FMLA allows 12 weeks per calendar year (but is cyclical). So if you were out say last October for 6 days and they counted all of that time toward FMLA leave.. then you would have basically 11 weeks available of FMLA leave through the next October. What exactly occurred and their stance for firing you? (Sorry, I was an HR Director, am curious and was always pro employee).
[B]Explanation:[/B]
Hey Tammy it was a crazy how my job responded to a light duty request. I informed my supervisor of my discogram appt. and missed two days after that appt due to soreness and pain. I was also a union rep and very active trying to sign up co-worker's they didn't like that either. So they put me on light duty for 3 days then called me in the office to say. It's not in there best interst that I work since I will be undergoing back surgery in May 2006. ok So i was force to fill out fmla paperwork and std eventhough doc said i could work. So I did as they requested and filed grievance after grievance with no results so far. That was april 28,2006 they fired me june14,2006 saying they didn't know i had a previous back injury. Back in Aug 2005 they sent me to the company doc when i had an accident with a client and he than put me on light duty for muscle strain in my back and he noted previous back injury. I know this was all retailiation for my union activity's i just can't afford a civil case against the City, but the union is working on it as we speak. My back injury was obtain in 2001 on another job that's under worker's Comp.
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Old 03-01-2007, 08:51 PM   #2
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Re: JUSTONEOFUS Answer to your ques.

WOW! <loudly with lip dropped to the floor>!

I do hope that your union is going to step in there big time. You need lots of back up. Thanks for the extra info you provided and I know that is an extremely condensed and then skimmed down version. You definitely need representation on that and I wish you all the best on that alone! Gee I wish we had more time to thoroughly best through more of this, as this is quite fascinating to me and devestating for you at the same time. But that's for another board.

Although I would really like to know how you can be under worker's comp from one job and be covered working under another? I know diddly about employment law as it relates to union work etc. Does this intertwine with this?

Outside of that.. how did your doctor appointment go??
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Last edited by Justoneofus; 03-01-2007 at 08:52 PM.

 
Old 03-02-2007, 07:50 AM   #3
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Join Date: May 2006
Location: Charlotte,NC
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Vicky67 HB User
Talking Re: JUSTONEOFUS Answer to your ques.

Hello Tammy I know it sounds real crazy. When I was living in ny I got hurt on the job after 8 months of threapy and all that goes with it. I went back to work not realizing I would'nt be able to continue as an EMT with back problems in doing so I hurt my back again and was pulled out of work again this time was for good. While under docs or should I say quack's care he recommended there would be a need for job retraininig. So I did that he released me saying that at this point I wouldn't be a surgery candidate at the time. I was released and went back into the work force in retail which was a very bad choice it just made things worst. I move to Charlotte in 2003 with the same ole back problem it was hard to find a doc to take out of state WC. when my back just started getting unbearable.

See my job here in Charlotte was driving a City bus and sometimes you get unruly people you have to deal with. They knew all about my previous injury and then claimed they didn't. The union is slow moving but I'm still in the fight with them. I really don't want the job back and if I get it back I would resigned my first day back. Just to prove a point. Once worker's comp. releases you to work you can work.

As far as my appoint Doc said everything looks fine and it's just taking long for the nerve to get back in shape. I posted my ct report on the board everything looks good. I just don't feel as good as it looks go figure.

 
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