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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17534
Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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Hello Marsha411JD. A Customer Care Representative has scheduled

Resolved Question:

Hello Marsha411JD. A Customer Care Representative has scheduled an online follow-up on Wednesday, July 3rd at 1:00pm CST.

Here is the link to the previous conversation: http://www.justanswer.com/employment-law/7uh0u-recently-hospitalized-nearly-month-undergoing.html.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Alright
Customer: replied 1 year ago.

What information do you need from me?

Expert:  Marsha411JD replied 1 year ago.
I didn't ask for any information, just confirmed I would be available. This is a new system and they are just ironing out how to communicate these appointments. Sorry for the confusion.
Customer: replied 1 year ago.

that's ok.


 


We'll chat tomorrow then


 


thanks

Expert:  Marsha411JD replied 1 year ago.
No problem. I have to respond to posts in the question thread or I cannot answer any other customer's, so no need to respond to this until you are ready to ask your follow up question tomorrow.
Customer: replied 1 year ago.

I'm here I think

Expert:  Marsha411JD replied 1 year ago.
Hello again Larry,

I apologize for this confusing appointment system, they have yet to iron out the rough spots. Can you tell me what your follow up question is?
Customer: replied 1 year ago.

In the state of North Dakota, which is a "Right-to-Work" state, do I have any legal recourse available to me? I'm not sure how litigious i am, it's never come before; but, c'mon, who discharges a guy from his job while he's in his hospital bed with tubes coming out of the zipper that was once his head;


(sorry, there are some medications invovled, as well).


I listened to different folks tell different stories about similar sudden job endings, most with the same result. Nothing.

Expert:  Marsha411JD replied 1 year ago.
Larry, No apologies necessary. As you might recall in my initial answer I discussed the fact that since you didn't qualify for the job protections under FMLA, your employer could let you go based on their attendance rules (assuming you were out of sick leave) as long as they enforce attendance rules and were not just targeting you because you were temporarily disabled.

Also, as I mentioned, although you could try to request a reasonable accommodation under the ADA in the form of more time off, the employer does not have to accommodate you in that way if they have a neutral attendance policy and it would cause an undue hardship if you did not come back to work. I believe I also indicated, that you could though, if you choose, go ahead and file a disability discrimination complaint with the EEOC and see where it goes. But if they can show that they have an attendance policy that they enforce and that your continued absence would cause a hardship on them, then the complaint will not likely go very far and the EEOC will find it unsubstantiated.

Those are your only options when you work in an employment "at will" state. (Right to work is not the term that applies here since that has to do with forced union membership).

It doesn't make what they did necessarily ethical or kind, but it would be legal unless they have targeted you for different treatment than anyone else who might be out for the same period of time but was not sick.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17534
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
Marsha411JD and 4 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

I appreciate the effort.


 


Thanks!


 


Larry Troxell

Expert:  Marsha411JD replied 1 year ago.
Larry--I'm sorry the news isn't better, but as I mentioned, you can always file a disability discrimination complaint with the EEOC and see where it goes. It doesn't cost you anything. You can find out how to do that by going to: www.eeoc.gov
Customer: replied 1 year ago.

i will take a peek at it, but it's so tiring at this point. but, you never know.


 


 

Expert:  Marsha411JD replied 1 year ago.
Best of luck to you with your health and this issue.

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Marsha411JD
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Licensed Attorney with 28 yrs. exp in Employment Law