OT: Cole's OT Bar: -18 and snow to 60 and run to 30 and rain all in one week.

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Randy Butternubs

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Mar 15, 2008
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If:

  • My job is legally protected for 12 weeks due to me being out with an injury
  • I'm going on week 9 with this injury
  • I go back to the doctor tomorrow and plan on asking for the clearance to go back to work
  • I may require more surgery in the near future
Would my company be able to refuse me going back to work? I'm worried about them letting me go before our bonus day which is February 14th.
 

Clare2904

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If:

  • My job is legally protected for 12 weeks due to me being out with an injury
  • I'm going on week 9 with this injury
  • I go back to the doctor tomorrow and plan on asking for the clearance to go back to work
  • I may require more surgery in the near future
Would my company be able to refuse me going back to work? I'm worried about them letting me go before our bonus day which is February 14th.
If you require more surgery then how are you fit for work, especially if it is the same surgery that put you out of action to start with?
 

Gurglesons

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Dec 18, 2009
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last-train-tocool.blogspot.com
If:

  • My job is legally protected for 12 weeks due to me being out with an injury
  • I'm going on week 9 with this injury
  • I go back to the doctor tomorrow and plan on asking for the clearance to go back to work
  • I may require more surgery in the near future
Would my company be able to refuse me going back to work? I'm worried about them letting me go before our bonus day which is February 14th.

What state?

Also how many employees at your job?

What is the injury?
 
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Gurglesons

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Dec 18, 2009
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PA

500+

Knee. Previously a torn ACL. Not sure what's up with it now.

I assume you are currently on FMLA for the nine weeks. Have you spoken to your business about this?

Technically in PA they CAN fire you. Under the ADA you probably have a case that they can adapt your job to suit your disability. I really doubt they’d let you go just due to the liability of the situation, but most companies are stupid. Do you have a feel for how this type of situation has played out in the past?
 
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Randy Butternubs

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I assume you are currently on FMLA for the nine weeks. Have you spoken to your business about this?

I will be talking to them tomorrow. And yes to the FMLA for 9 weeks. As soon as I work one day this year I'm awarded my vacation. Which should be 129 hours worth (49 carried over from last year).
 

Gurglesons

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I will be talking to them tomorrow. And yes to the FMLA for 9 weeks. As soon as I work one day this year I'm awarded my vacation. Which should be 129 hours worth (49 carried over from last year).

I would just do some research on ADA and make sure you present a case with doctor’s documentation in the next couple weeks. Make sure you keep detailed notes of all this occuring in case you do want to make a legal case in the future. Most companies just submit to ADA because people have gotten sued over the dumbest things possible.

It’s rare that they would fire you immediately after FMLA especially if it is due to a disability ( be that short term or long term ) simply due to the fact you could likely have a case that they planned to fire you. Especially if you have any types of write ups or violations before taking the FMLA.

Don’t know the business, but they can technically backfill the position while you are gone. So if they are desperate for work it would make sense to simply due that versus the liability issue of firing you. Most companies have their own LOA processes in place to avoid this as well.

It’s one of those grey areas where it is going to depend on your company’s culture. The company I work for currently mimics FMLA after FMLA is over minus the job protection. But, you’d get 24 weeks.
 

Randy Butternubs

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Mar 15, 2008
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Morningside
I would just do some research on ADA and make sure you present a case with doctor’s documentation in the next couple weeks. Make sure you keep detailed notes of all this occuring in case you do want to make a legal case in the future. Most companies just submit to ADA because people have gotten sued over the dumbest things possible.

It’s rare that they would fire you immediately after FMLA especially if it is due to a disability ( be that short term or long term ) simply due to the fact you could likely have a case that they planned to fire you. Especially if you have any types of write ups or violations before taking the FMLA.

Don’t know the business, but they can technically backfill the position while you are gone. So if they are desperate for work it would make sense to simply due that versus the liability issue of firing you. Most companies have their own LOA processes in place to avoid this as well.

It’s one of those grey areas where it is going to depend on your company’s culture. The company I work for currently mimics FMLA after FMLA is over minus the job protection. But, you’d get 24 weeks.

Very, very much appreciated. I don't trust my company so I'm glad I was able to talk to someone outside the company about it. :laugh:
 

LOGiK

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I assume you are currently on FMLA for the nine weeks. Have you spoken to your business about this?

Technically in PA they CAN fire you. Under the ADA you probably have a case that they can adapt your job to suit your disability. I really doubt they’d let you go just due to the liability of the situation, but most companies are stupid. Do you have a feel for how this type of situation has played out in the past?

@Randy Butternubs Pennsylvania is an at-will state and anyone can fire anyone at anytime for any reason. Unless you have some kind of union or tenure. That is the best of my knowledge about PA 'can I be fired' question.
 

Randy Butternubs

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Mar 15, 2008
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@Randy Butternubs Pennsylvania is an at-will state and anyone can fire anyone at anytime for any reason. Unless you have some kind of union or tenure. That is the best of my knowledge about PA 'can I be fired' question.

Thanks, I didn't see that part of pixies's post.

@pixiesfanyo The only other instance I can think of is someone who was at about half a year who was let go. Not a knee injury, but cancer.
 

Gurglesons

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Thanks, I didn't see that part of pixies's post.

@pixiesfanyo The only other instance I can think of is someone who was at about half a year who was let go. Not a knee injury, but cancer.

And you likely weren’t privy to discussion that went down with that employee.

With a knee injury even if you’re doing manual labor they have to prove undue hardship to the business that you can’t perform a similar position under the ADA. This can include giving you job protection status while out due to the disability. It’s honestly a frequently abused law and you might as well take advantage of it.

Like I said establish the disability and they basically won’t fire you unless they’re getting stupid advice from their legal department.

I have to call people we know we are declining due to background checks like assault with a deadly weapon, rape, and act like we will hire them depending on the situation to avoid litigation against the company.
 
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Scandale du Jour

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@Randy Butternubs Pennsylvania is an at-will state and anyone can fire anyone at anytime for any reason. Unless you have some kind of union or tenure. That is the best of my knowledge about PA 'can I be fired' question.

I am glad I am living in Canada... Gosh...

Speaking of firing...

I fired an employee for the first time in my life. It was a layoff... but still sucked. I hope it gets easier each time you have to do it. I feel like such an asshole.
 

Randy Butternubs

Registered User
Mar 15, 2008
29,777
21,309
Morningside
And you likely weren’t privy to discussion that went down with that employee.

With a knee injury even if you’re doing manual labor they have to prove undue hardship to the business that you can’t perform a similar position under the ADA. This can include giving you job protection status while out due to the disability. It’s honestly a frequently abused law and you might as well take advantage of it.

Like I said establish the disability and they basically won’t fire you unless they’re getting stupid advice from their legal department.

I have to call people we know we are declining due to background checks like assault with a deadly weapon, rape, and act like we will hire them depending on the situation to avoid litigation against the company.

You have been so much help. Thanks!
 

Gurglesons

Registered User
Dec 18, 2009
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San Diego, CA
last-train-tocool.blogspot.com
I am glad I am living in Canada... Gosh...

Speaking of firing...

I fired an employee for the first time in my life. It was a layoff... but still sucked. I hope it gets easier each time you have to do it. I feel like such an *******.

It’s a job. Always remember that. There are typically reasons people get fired / laid off. Remember it isn’t you doing it.
 
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Scandale du Jour

JordanStaal#1Fan
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It’s a job. Always remember that. There are typically reasons people get fired / laid off. Remember it isn’t you doing it.

Yeah, I know, but it still sucks. It is the first one. Young kid, laid off because we are restructuring. At least I was able to tell him myself. At first, it was supposed to be a senior manager who did not really know him. I fought to be the one telling him because I thought he deserved it to have the news from someone he knows (and hopefully trusted).

Thank you for the kind words.
 

Tom Hanks

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I am glad I am living in Canada... Gosh...

Speaking of firing...

I fired an employee for the first time in my life. It was a layoff... but still sucked. I hope it gets easier each time you have to do it. I feel like such an *******.

Yeah I’ve had to fire a few people in my time. It’s not fun. They were all justified of course but it can be hard as most of them worked with me everyday and used to socialise with them too.

One friend every time he went out he’d show up around 11am (we start at 730) or sometimes not at all. I gave him a few chances but it was every time.
 

LOGiK

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Yeah I’ve had to fire a few people in my time. It’s not fun. They were all justified of course but it can be hard as most of them worked with me everyday and used to socialise with them too.

One friend every time he went out he’d show up around 11am (we start at 730) or sometimes not at all. I gave him a few chances but it was every time.

One of my favorite military quotes from my Chief, which I heard many maaaany times, "If you're early, you're on time. If you're on time, you're late. If you're late, YOU'RE f***ED."
 
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