crud...

[mrsbourffada 3]

I was fired today. It was completely wrongfully and I am fighting it. Unfortunately, I work in an "at will" state, which means they think they can get away with anything they wish. I was on physician authorized medical leave. When I returned to work, they told me that I was no longer needed due to not being at work for for six days. I asked if they had got the fax from the physician explaining why I needed to take the time off from work. They stated that they had received it and my messages on the program manager's phone. They still felt that the importance of my supervisory position meant that I needed to not take that week off from work. They stated it was "unacceptable". Moving on... the fact that I got fired from that place isn't really the reason I'm writing this post. I got a lead on another job, that I'm going to check out tomorrow. I would make over the 125 percent poverty limit. However, we could possibly be moving to the NVC stage in August or early September. I spoke with the head of the nursing department, and she seemed really interested and wanted to meet with me about the specifications of the position. I'm pretty sure I'd have this job if I sell myself well during the face to face meet tomorrow. Am I going to have enough time at this new employment to show that I'm able to support my husband and I? I'd probably have a couple weeks of pay stubs and a letter from my new employer, and of course I can show that I have worked consistently in the past year and a half, since I stopped school full time.

[stronger 43]

just FYI, no fault state or not, firing due to medical illness is illegal. I had a friend who sued her employer and got a years salary out of it. I would look into it if you have it in you.

[belinda63 3,038]

Family leave and medical act (or something like that) protects you from being fired. Question is would it be worth it to pursue. Have you filed for unemployment?

As to the real question, if you can provide proof of ongoing income above the 125% poverty level shouldn't be a problem, make sure you keep the pay stubs, get the letter of employment, etc.

[WornOutPatience 9]

I was fired today. It was completely wrongfully and I am fighting it. Unfortunately, I work in an "at will" state, which means they think they can get away with anything they wish. I was on physician authorized medical leave. When I returned to work, they told me that I was no longer needed due to not being at work for for six days. I asked if they had got the fax from the physician explaining why I needed to take the time off from work. They stated that they had received it and my messages on the program manager's phone. They still felt that the importance of my supervisory position meant that I needed to not take that week off from work. They stated it was "unacceptable". Moving on... the fact that I got fired from that place isn't really the reason I'm writing this post. I got a lead on another job, that I'm going to check out tomorrow. I would make over the 125 percent poverty limit. However, we could possibly be moving to the NVC stage in August or early September. I spoke with the head of the nursing department, and she seemed really interested and wanted to meet with me about the specifications of the position. I'm pretty sure I'd have this job if I sell myself well during the face to face meet tomorrow. Am I going to have enough time at this new employment to show that I'm able to support my husband and I? I'd probably have a couple weeks of pay stubs and a letter from my new employer, and of course I can show that I have worked consistently in the past year and a half, since I stopped school full time.

Working for HR i can tell you that to sue the company it would've been best if you would've stayed Unemployed and filed that way, but in this case where you need the income for the AOS all you could do is get a lawyer if you can afford it right now. If not you should seek one of those lawyers who you don’t have to pay until after you’ve won the trial. Just keep in mind that you can also wait a couple of months before you file against the company. Speak to a lawyer, you should get some money out of it. That's discrimination. Most employers need to provide their employees with 40 hour sick time and the law gives every employee 12 weeks of FMLA it is the Family Medical Leave Act. Good Luck

[jaycali 415]

Current income is what qualifies you as a sponsor. If you started yesterday, and can prove a current income above 125% of poverty guidelines, you shouldn't have any major problems.

[mrsbourffada 3]

Thanks for everyone's replies. I happen to have access to a lawyer who I'm talking to right now. As I followed the companies own procedures for sick leave and have had no prior disciplinary actions, he doesn't see grounds for termination. A couple of weeks ago, I got an award for Employee of The Quarter for "Being dependable" and "going beyond your job description to be an invaluable team member". Get sick for a week and all the sudden I'm fired..... .I really just can't believe it. I'm glad to hear that I shouldn't have issues with the NVC stage after acquiring a new position. To be honest, when they fired me.. that was the ONE thing on my mind immediately. Nothing else really mattered.

[rade2rising 205]

still you have to be careful bcoz in that employment contract you signed it normally specifies that you have to work to meet the needs of the business. guy at my job kept getting sick for REAL and kept bringing in doctor notes. One day they called him back and fired him. reason given was he cannot fulfill his contract.

Also if its a big company you work for they have already cleared your termination with regional HR, legal team etc etc and they have the means to fight all your lawsuits until you get tired and just quit. best thing is getting this other job and taking care of NVC. If this lawyer you consulted will work for no fee upfront then let him run with that but dont dump money on him pursuing this case.

[KLS2010 30]

I think you should be ok with the NVC.

Our case went through the NVC just over a year ago... so forgive me if my memory fails... but all we sent it were my husband's last 3yrs tax returns. We didn't send any letter of employment, or paystubs as far as I recall. And we were approved with no problems. So if you have been working consistently in the last couple of years, and have tax returns to show you make over 125% of the poverty line for your household, I think you should be ok.

Good luck with the NVC, and with the case against your former employer, if you choose to pursue it (I'm in agreeance... seems like employers in 'at will' states think they can get away with anything...unfortunately the do a lot of the time because, seeing as the employee is now un-employed, how are they going to afford to fight them?).