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Recent Absenteeism questions

I feel that I am being discriminated against because of

I feel that I am being discriminated against because of chronic abdominal pain. It is undiagnosed and has progressively gotten worse since my date of hire. (3-10-14) I have been seeking a diagnosis since my first hospitalization also in March 2014. I have excuses from different doctors for my absences, however my employer uses the point system. So it does not matter that I have excuses. I had a stroke at work 10-01-15. No one called 911, my husband had to come get me and take me to the hospital. No one can find a cause for the stroke. My opinion is that I was so stressed out from missing work because I was having a "flare up" and mussed a few days if work. That even though I did not feel well, I went to work. Work starts at 7 I was in the hospital by 10. I got written up for excessive absenteeism. I had been warned prior to the stroke about my points. So after the stroke I asked the HR repersentive about applying for FMLA. I explained that I was still undiagnosed and was getting really worried about being terminated. She stated that FMLA wasn't necessary for me and to just keep bringing in my excuses. I even had to provide a doctors excuse from the ER stating that I had a stroke. Since then (October 2015) I have been written up, suspended, and placed on probation. I started seeing a new doctor in August. He has done different tests and I just underwent exploratory surgery to diagnose the chronic pain. Still no luck. On October 10, 2016 my chronic pain finally got the better of me and I decided to time for FMLA and short term disability. My new doctor didn't send the proper dates on the doctors excuse required and HR terminated my employment. My husband works for the same company just a different location as I do. So the HR representative gave the letter to him. I called my doctor, who called my employer. The HR repersentive told the receptionist that the letter was just a warning. So eventually all the dates and paperwork was filed. I received conformation that the short term disability has been approved. I also received a letter from the same HR representative stating that the FMLA has been denied. My doctor answered unknown to several questions concerning basically dates and diagnosis. This HR representative has given me nothing but a hard time for trying to keep my job. She has already stated that my pain "doesn't make sense to her" and that she hadn't realized that my absentism was going to be a problem. I know that everything she does is supported by paperwork or guidelines for the employer. So I just want to know if there is anything that I can do? I reside in Pennsylvania. I am already seeing a psychiatrist and a psychologist for sever depression. Thank you for having a site that I can ask a question via texting. I can not get through a conversation without completely breaking down and crying uncontrollably. It makes it hard to explain my self or for people to take me seriously.

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Lucy, Esq.

Juris Doctor

31,946 satisfied customers
I hurt my back in June 2015 and directly told my manager I

I hurt my back in June 2015 and directly told my manager I needed an accommodation (I also have a disability - scoliosis). It was never addressed and 2 months later I was written up for working from home and absenteeism. I again stated my back issues, it was not addressed, and in January 2016 I was written up a second time and threatened with termination. In March 2016 I found out I was not given a bonus for the year because of the write-ups. Only then I again asked and finally received my reasonable accommodation - demotion with an ability to work from home. I had to take time off work due to depression and anxiety because of all of this. I lost wages, a bonus, and experienced emotional distress. I would like to submit a complaint to the EEOC - do I have a case?

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ScottyMacEsq

Doctoral Degree

23,742 satisfied customers
From Iowa---An employee who walked off the job without

From Iowa---An employee who walked off the job without notice is demanding her paycheck but she hasn't yet provided her social security number and she moved just after being hired four weeks ago and hasn't provided her address either. She also borrowed some brand new cookbooks (we are a restaurant) she hasn't returned. We are stating she must return our property, provide her social security number and address to receive her check. Are we correct in our position. she doesn't want to provide any of this. Can we deduct the value of the books from her paycheck?

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Loren

Juris Doctor

40,222 satisfied customers
My boss has no attendance policy in place. A good employee

My boss has no attendance policy in place. A good employee missed a day after having surgery because she was in too much pain to walk. Her job is all standing. Today he presented only her with an "attendance policy" and made her sign it. She is never sick and often covers for other people. Is it legal to select people out like this?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

50,096 satisfied customers
My sister will be at her current job 1 year in October. She

My sister will be at her current job 1 year in October. She was diagnosed with Colon cancer within the past 3 months and is undergoing Chemo. Her boss has always been abusive but his abuse has ramped up since her treatment started and is threatening termination, unjustifiably so.This is a horrible situation for her to be in. She has not used any time except what was accrued for her surgery and chemo treatments. She is petrified of being fired and will not be able to continue her cancer treatment if she is. Please help me to understand her rights and what she should do to protect herself. Thanks. She works in PA.

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Taylor

Attorney

Juris Doctor

444 satisfied customers
I am employer in Florida. Can an employee in supervisor

I am employer in Florida. Can an employee in supervisor position be terminated for texting on company phone during work hours with a temp employee engaging in disrespectful conversation over 3 months ago? The texts were about the owner. The supervisor failed to delete and texts were found by another employee and brought to owners attention.JA: OK. To minimize me, please click the down arrow at the top right corner of this box. OK. To minimize me, please click the down arrow at the top right corner of this box. Because employment law varies from place to place, can you tell me what state this is in?Customer: The found texts were discovered yesterday but happened over 3 months ago. We feel that this had been going on for a while and they missed these in the company phone.JA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: This supervisor is a rehire. I know they will go to unemployment. I want to make sure my reason justify cause since these actions are not in company''s best interest.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.

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Marsha411JD

Doctoral Degree

19,386 satisfied customers
I was a telecommuter out of NH. I had traveled to NY over

I was a telecommuter for Comcast out of NH. I had traveled to NY over the holidays (12/12/15) to be with my dying grandmother (fully intending on working). My manager discovered I was out-of-state and told me Comcast does not allow employees to work in NY (even though they do have employees in NY). I told them I would keep them updated and emailed them the following two weeks until I received a voicemail from the HR rep stating she needed to speak with me about employment status. I sent her an Email and demanded we talk on the phone, but I have panic disorder and anxiety, so told her I was having phone issues to attempt to keep the conversation in Email. The following week I received notification of termination for absenteeism. I filed for unemployment for NH, but I was denied and am waiting for an appeal. Any suggestions for winning the appeal would be great.

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Infolawyer

Attorney

Juris Doctor.

39,128 satisfied customers
Does an employee have the right to be notified of and be

Does an employee have the right to be notified of and be allowed to respond to a disciplinary action PRIOR to the discipline being presented by the employer?In other words: " tried, convicted , sentenced " before the employee has been given a chance to voice his side of the story.

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Loren

Juris Doctor

40,222 satisfied customers
Would the use of the words " constructive dismissal

Would the use of the words " constructive dismissal ", which is exactly what my employer did to me (by definition), be considered inflammatory if used in my resignation letter? I work for a large hospital chain and am currently on FMLA because of a healthissue that resulted from the latest write up that was done.

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Patrick, Esq.

Doctoral Degree

18,934 satisfied customers
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