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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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In the last 3 days , I ve been told I was terminated from a

Customer Question

In the last 3 days , I've been told I was terminated from a job and told to come in to give back my keys and pager to the manger, then when I did he stated he still had to talk to his upper manger and would call me on Friday. This all happened on Thurs. I waited for the call on Friday never came. I texted my manager on Sat as I scheduled to work this Sunday. He informed me that I was suspended until further notice.  Let me give you some background info too. I transfer into this dept in March.. a personal  family matter hit in early April and I was given 4 days to get some things under control and rolling I kept all my manger and HR informed too and was given info on help by HR too,. came back to work.

Our unit manager has been changing the work schedule alot due to people going to school etc, and never sending out  an email or such to let us know this.. I have copies of the changes now that have been made. I was to work this week Monday, thurs, Friday Sunday. Well I worked Monday, and forgot about Thurs , never even knew I was to come in Wed due to change. I get a call on Thurs from my manager telling me I'm terminated. then when I call him back , told to come in to talk to him, then when I get to the hospital, told what is going on? tell him  the truth that I had no idea the schedule was changed and that I was responsible for Thurs that I just forgot and that I was still on for Friday and Sunday. that is when I was asked to give back my keys, and pager and the get my stuff out of my locker. When I go to his office he does not ask for my badge back as I still work a congt job else where in the hospital. He states he still has to talk to his upper boss and will be in touch. What happened next is at the top of this questions.

I've never been contacted by HR, the upper manager or given paperwork to sign or fill out.. I've lost $$ and am unsure if I can go and work my congt. job either.

Just need to know what to do?

Thank You.

Submitted: 1 year ago.
Category: Employment Law
Expert:  Samuel II replied 1 year ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard since the professional you requested is unavailable at this timePlease tell me what is the question; what information can I provide?What was the cause of this action by your employer?
Customer: replied 1 year ago.

i'm not a 100%sure of what the cause it.. I'm going on what my manager stated in the the voicemail he left that I was a no show no call for two days in a row, when in fact I never knew of the update in the schedule and nor was there an email sent out by our manager stating that he changed the schedule again.

I did tell him that Thurs was my fault as I was busy with the personal family matter from earlier and just forgot about work.

Expert:  Samuel II replied 1 year ago.
HelloThank you. And please tell me what is the situation now that you need information on?Please note that I can only provide information on questions you askIs this suspension a normal procedural policy for these type of infractions? Or something they just did to you?Thank you
Customer: replied 1 year ago.

Something that just happened. I went to HR online and got all of the stuff that they said about infractions and such.. I've never been written up, or counseled or told there was a problem. Never even a hint..

I started this position on March 17 of this year. I have 90 days of orientation. In Mid April I was hit with a personal problem.. went to work told my boss about it and was told to take the day off and follow up with HR , which I did. I've copied and pasted what was sent via email from work for you, it is below.. I was out for 4 shifts at work , which everyone knew about. I asked if I needed Dr's note etc and was told NO.. I came back to orientation on the 14th of April. I have not missed a day since this past Thurs when I was dealing with personal issue again and got side tracked.

When I saw my manger on Thurs at work after the phone call's , I admitted that I was wrong about this Thurs and it was my fault and took full responsibility for that.. I said that I was working off a scheduled that was printed out on the 27 th of March and then was changed on the 30th and our Manager never sent out an email at work to state that he had changed it yet again.. I have copies of both schedules and the emails he sent out.

This is not the first time this has happened with schedules

being changed.

; Hello Lisa,


This is Mary Ann Bral-Vadalabene. I spoke to my manager yesterday and he spoke to to his Manger Mary Ann Garolo in regards ***** ***** unexpected situations that has risen in my life. My ex and I are going back to court and I have had some other issues at home that have caught me off guard. I've copied and pasted what was sent to me from them.

My ex is going to take me back to court over our divorce and my husband has been promoted at his job which means more travel and leaves me dealing with a lot and the kids alone. I'm feeling very overwhelmed as I have started my position in March and still learning it. I have an appt on this coming Monday with my lawyer to go over my case and have reached out the Rochester Center for Behavior to seek counseling too.

I wanted to know if there is any way to do a short term LOA , as I always thought it was only for birth , adoption and funerals.

Thank You very much in advance for letting me know if there are any options open to me and if so what I may do?

Sincerely,

Mary Ann Bral-Vadalabene.



Gerald McCormick





Inbox

Wednesday, April 08, 2015 2:30 PM




Hi Mary Ann,


I just got done talking to Mary Ann about your situation. She told me about the Employee Assistance Program. I have attached information about the program. There are ways to keep your seniority and possibly your position in Anesthesia. Please contact Human resources as soon as possible, so they can tell you how to proceed.


I am sorry for whatever you are going through. Mary Ann and I want you to keep in touch with us and we will do anything we can to help. My office number is ***-***-**** and Mary Ann's is ***-***-****.


Sincerely,


Gerald McCormick

Anesthesia Tech Supervisor

Customer: replied 1 year ago.

So what do you think?

Expert:  Samuel II replied 1 year ago.
HelloThank you for that information The bot***** *****ne is the law permits the termination of any one for any reason that is not based on discsrimination. Since you have reviewed the policies if you feel they are out of policy with this matter and it is based on a protected class such as you age, gender, disability or national origin, race or religion then you could have a claimHowever, if you are on 90 day probation then those policies will apply at to the terms of your probation at time of hire.Also, keep in mind, that FMLA is not available to anyone and you have to be employed with the company at least 12 months before you can take it.
Expert:  Samuel II replied 1 year ago.
Please remember, I can only answer and provide information for what you ask. And if you have other questions or need clarification in this regard, please post that here. Otherwise, I would appreciate a positive rating so that I can receive credit for my time and informationThank you

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