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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116707
Experience:  20+ Years of Employment Law Experience
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Im just reading on terminating employees prior to resignation

Customer Question

Im just reading on terminating employees prior to resignation with a doctor note and transferring to a sister hospital
Submitted: 2 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Can you please explain the whole situation, because I do not know what you mean about "terminating employees prior to resignation with a doctor note and transferring to a sister hospital?"
Customer: replied 2 years ago.
I work salary as Director of Emergency, I was at work on 5/26 with angina chest pain, I didnt want to be admitted becasue I had 2 boys at home. I came back next day had stress test that was read by cardiologist as positive. He too me off work for week, over weekend had chest pain and was admitted and had heart catherization on 6/1 at Eastern Regional Med Center.
I was told not to return to work until 6/8, I followed up with pcp and she said not to go to work follow up until 6/24 when appt was with cardiologist.
I turned in letter of resignation on 6/3 due to my health and told them my last day would be on 7/1 /15 that I Iwould work a 1 month notice. As previously asked by the CNO Rhonda Clark. I am transferring to a sister facility as staff to get a break from the stress of being a Director of 3 Departments.
I find out today that I was terminated on 5/5/15 and told not to come back. Today
I found out from Sylvia at Roswell, NM HR dept/recruiter I was to start with them on 5/22/15. This is a sister facility how can I be terminated then it is a transferred?
They terminated my short term disability on 5/31/15 so I didnt even turn in resignation until 6/3
I cant get benefits.
What should I do?
Many times worked 12-22 hours a day staffing at night then staying over. Everyday was at least a 12 hr day when offered job was told 8am-4pm hours.This is in the state of Mexico. Nothing was told to me about the last day being 5/31/15., until today by the HR Recruiter in Roswell, NM Sylvia. I had left many messages to HR Linda Salazar here and no return calls.I was given a 5K relocation bonus and have only used $2400 of it and now the trasnffering hospital say no sign on and no relocation.
I am transferring to a sister hospital so my employment should have continued, I was scheduled to start there June 22. So how can they end my benefits prior to letter of resignation with notes from doctos and cardiologist to be off work.
Customer: replied 2 years ago.
edit - I was to start with sister hospital 6/22 not 5/22
Customer: replied 2 years ago.
anyone there?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply. I am a real person, it takes time to read your post and type a reply and in the meantime I am also working with other customers all of whom deserve the same time you deserve. I thank you for your patience and understanding.
You cannot be retroactively terminated, that is an issue. They could terminate you effective the date you put in your notice you were leaving, that is the employer's option even if you had a medical note. The retroactive termination however is likely going to violate the Family and Medical Leave Act, because they knew or should have known the reason you were out was a qualified medical condition under the Act and you need to file a complaint regarding that with the US Department of Labor, since they handle FMLA violation claims.
You worked until 5/26, them terminating you retroactive to 5/5 shows actual bad faith even.
They cannot end your benefits under FMLA, they are in violation (even if you meant to put they terminated you on 6/5) because you were out on FMLA leave effective when they knew of your medical condition.
File your complaint with the US Department of Labor and it is time to also get a local employment attorney because the way this was done smells highly of a violation of your rights under FMLA.
Customer: replied 2 years ago.
no they termed m on 5/31 im sorry my error in typing
Customer: replied 2 years ago.
but Im transferring to work at sister hospital so there should have been no termination just transfer of benefits.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
If you gave notice you were out on medical leave and had a qualified condition, this is still an issue, because they cannot terminate an employee who is out on leave under a condition they know qualifies for FMLA. So, you need to file your complaint with the US Department of Labor and get yourself a local attorney to sue them.
So you know, had you not been on leave, when you gave your notice even if you said you would work a month, they could have terminated you immediately and that would not be illegal. In this case, it still could have been legal had they not done all of this back dated, which more tends to show that this was a violation of your FMLA rights. That is the issue they terminated you retroactive when you should have been left on FMLA and allowed to transfer over, which shows bad faith more likely than not. I believe they made a huge mistake in how they did this to you and that is your case.
Customer: replied 2 years ago.
ok thanks
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
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