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fired for family issues - 11/18/2011 9:02:57 AM   
defiantbadgirl


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Joined: 11/14/2005
Status: offline 		I just found out 2 people were fired. Both missed work because they had an immediate family member in the hospital. One had a minor daughter with emergency pregnancy complications. The other had an immediate family member having surgery and told the agency in advance he couldn't work that day. I thought there were laws protecting against that?


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RE: fired for family issues - 11/18/2011 9:09:22 AM   
Iamsemisweet


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From: The Great Northwest, USA
Status: offline 		The FMLA might apply in those situations, but it is limited to federal agencies, schools, and private employers with more than 50 employees. There may be state law that applies,depending on the state. There may also be individual company policies that would make termination wrongful in these circumstances.


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RE: fired for family issues - 11/18/2011 9:16:45 AM   
defiantbadgirl


Posts: 2988
Joined: 11/14/2005
Status: offline 		Does the state being a right to work state make a difference? What if the private company is a temp service (one of the people is retired and worked for a temp agency to make extra money).

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RE: fired for family issues - 11/18/2011 9:18:50 AM   
LaTigresse


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quote:

ORIGINAL: defiantbadgirl

I just found out 2 people were fired. Both missed work because they had an immediate family member in the hospital. One had a minor daughter with emergency pregnancy complications. The other had an immediate family member having surgery and told the agency in advance he couldn't work that day. I thought there were laws protecting against that?



It all depends.


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RE: fired for family issues - 11/18/2011 9:23:22 AM   
kalikshama


Posts: 14805
Joined: 8/8/2010
Status: offline 		I'm guessing that:

1. Employees not protected by FMLA in a right-to-work state are screwed
2. There was history leading up to this - employers don't fire solid employees based on one family emergency

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RE: fired for family issues - 11/18/2011 9:24:20 AM   
LafayetteLady


Posts: 7683
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From: Northern New Jersey
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quote:

ORIGINAL: defiantbadgirl

Does the state being a right to work state make a difference? What if the private company is a temp service (one of the people is retired and worked for a temp agency to make extra money).


All states are "right to work" states to a degree, and even in the states that are considered "right to work," there are times when you can be wrongfully terminated.

Was the temp fired from the company they were contracting at, or were they told by the agency they would no longer use them? The thing with temp agencies is they want people who are available to work, and if they aren't, the agency has no use for them. On the same token, many people work for temp agencies to have the freedom to take time off when they need it.

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RE: fired for family issues - 11/18/2011 9:27:20 AM   
willbeurdaddy


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quote:

ORIGINAL: defiantbadgirl

Does the state being a right to work state make a difference?



No, RTW has nothing to do with it.

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RE: fired for family issues - 11/18/2011 9:36:21 AM   
Arpig


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Status: offline 		My knowledge of Right-to-Work laws is limited, but I agree with Willbe here, I don't see how that would be relevant.

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RE: fired for family issues - 11/18/2011 9:47:22 AM   
LaTigresse


Posts: 26123
Joined: 1/15/2006
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quote:

ORIGINAL: defiantbadgirl

I just found out 2 people were fired. Both missed work because they had an immediate family member in the hospital. One had a minor daughter with emergency pregnancy complications. The other had an immediate family member having surgery and told the agency in advance he couldn't work that day. I thought there were laws protecting against that?



I am not an avid fan of wiki but this article has links to the specifics of each of the 22 states affected.
http://en.wikipedia.org/wiki/Right-to-work_law


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RE: fired for family issues - 11/18/2011 9:51:19 AM   
DomMeinCT


Posts: 2355
Joined: 5/5/2005
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quote:

ORIGINAL: defiantbadgirl

I just found out 2 people were fired. Both missed work because they had an immediate family member in the hospital. One had a minor daughter with emergency pregnancy complications. The other had an immediate family member having surgery and told the agency in advance he couldn't work that day. I thought there were laws protecting against that?


Those are the reasons you might have heard from those employees, or other co-workers, but it may not be what they were actually fired for.  Employers don't usually talk about the reasons for firing workers to their other employees.

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RE: fired for family issues - 11/18/2011 9:55:04 AM   
LafayetteLady


Posts: 7683
Joined: 5/2/2007
From: Northern New Jersey
Status: offline 		In a right to work state, a person can be fired at any time for (practically) any reason. So yes, it COULD make a difference. However, like others have said, it likely is not the reason they were actually let go, just the "icing on the cake" that cinched the decision.

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RE: fired for family issues - 11/18/2011 9:55:10 AM   
TreasureKY


Posts: 3032
Joined: 4/10/2007
From: Kentucky
Status: offline
quote:

ORIGINAL: defiantbadgirl

What if the private company is a temp service (one of the people is retired and worked for a temp agency to make extra money).


An employee has to meet the following requirements for FMLA to apply:
  • have worked for that employer for at least 12 months; and
  • have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave; and,
  • work at a location where at least 50 employees are employed at the location or within 75 miles of the location.


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RE: fired for family issues - 11/18/2011 11:00:44 AM   
Termyn8or


Posts: 18681
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Status: offline 		None of that applies to a temp service I would think, by the very nature of it.

In the end really, no matter if you live in a right to work state, an employment at will state or neither, you can be fired for damnear any reason they can think of. Any reason.

T^T

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RE: fired for family issues - 11/18/2011 11:26:55 AM   
LadyPact


Posts: 32566
Status: offline 		Not the way this is coming across, OP.

FMLA isn't for a spontaneous call off situation.  It's regarding long term illness of a family member where continuous leave is needed for a period of up to twelve weeks.  A child getting the flu isn't what the law is in place for.

What isn't being said in relation to your question is what the attendance record was for the rolling period prior to the dismissal.  Different companies have various standards as to what their attendance policy might be.  If, for example, the company policy is that an employee can not miss four shifts over a three month period, the reasons why the employee called off don't necessarily have to be of consequence.  It's just a matter of unplanned time off taken without notice.

I've said this on a number of threads through the years here.  Most employees aren't as great as they would make themselves out to be or have the spotless record that they think that they have.  If the employer can show tardiness or absenteeism that isn't within the bounds of the company guidelines (that includes those times of "only being a few minutes late") the employer is well within their rights to terminate the employee.


< Message edited by LadyPact -- 11/18/2011 11:34:25 AM >

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RE: fired for family issues - 11/18/2011 11:27:47 AM   
thishereboi


Posts: 14463
Joined: 6/19/2008
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quote:

ORIGINAL: kalikshama

I'm guessing that:

1. Employees not protected by FMLA in a right-to-work state are screwed
2. There was history leading up to this - employers don't fire solid employees based on one family emergency


I was wondering about that also. I knew a guy who was fired for cutting his hand at work and requesting they take him to the clinic. After talking to my friends at work, I found out he was fired for refusing to pee in a cup while he was at the clinic. Big difference there. Just don't tell his wife


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RE: fired for family issues - 11/18/2011 11:45:56 AM   
Arpig


Posts: 9930
Joined: 1/3/2006
From: Increasingly further from reality
Status: offline 		I've been thinking about this scenario, and I'm pretty sure there is more to it. I've never heard of a temp agency firing somebody, I have heard of people being taken off a specific assignment, but they stay in the database for possible future assignments. There was a period of about 4 months when I worked for a temp agency, I still get emails from them regarding positions I might be interested in nearly 15 years later.

When you are on an assignment, if the company is unhappy with you for any reason whatsoever and complains to the temp agency, then the agency will remove you from that assignment emmediatly. As well, if you are not going to be able to be at your assignment, it is the agency you have to inform, so they can arrange your replacement, not the company itself.


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RE: fired for family issues - 11/18/2011 11:49:53 AM   
angelikaJ


Posts: 8641
Joined: 6/22/2007
Status: offline
quote:

ORIGINAL: defiantbadgirl

I just found out 2 people were fired. Both missed work because they had an immediate family member in the hospital. One had a minor daughter with emergency pregnancy complications. The other had an immediate family member having surgery and told the agency in advance he couldn't work that day. I thought there were laws protecting against that?



My guess is they weren't fired for that occurance but for calling out too many times or in the first case perhaps they were a "no call/no show".

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RE: fired for family issues - 11/18/2011 11:53:10 AM   
LafayetteLady


Posts: 7683
Joined: 5/2/2007
From: Northern New Jersey
Status: offline
quote:

ORIGINAL: Termyn8or

None of that applies to a temp service I would think, by the very nature of it.

In the end really, no matter if you live in a right to work state, an employment at will state or neither, you can be fired for damnear any reason they can think of. Any reason.

T^T


Actually, people who work at most temp agencies are not independent contractors, so the number of employees would be more than sufficient.

Also, the majority of temps work full time. 1250 hours is 31 weeks full time, not hard to meet at all.

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RE: fired for family issues - 11/18/2011 12:04:20 PM   
LafayetteLady


Posts: 7683
Joined: 5/2/2007
From: Northern New Jersey
Status: offline 		Good catch LP. When I looked back at the OP, I realized the senior citizen at the temp agency took off one day for his wife's surgery. Regardless of work history or other reasons they may have decided they can't use him anymore, a one day absence doesn't qualify under FMLA at all. Chances are with the mother of the pregnant minor, there were other absences that took place, I'm guessing.

Either way, as I understand it, FMLA is typically something that employees arrange with their employer, even if not with excessive advance notice. Such as a parent finds out their child has a terminal illness, they meet with their employer and discuss that they will need to take the time off. In any case, it isn't something that people can use when small and insignificant (according to the employer) time is taken off in an emergency for a short (few days) period of time.

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RE: fired for family issues - 11/18/2011 12:20:24 PM   
Termyn8or


Posts: 18681
Joined: 11/12/2005
Status: offline 		"Also, the majority of temps work full time. 1250 hours is 31 weeks full time, not hard to meet at all."

This is where it gets tricky. From what I've gleaned temp agencies are exempt from damnear everything. What's more their markup is about 100%. No shit, a guy making $8 an hour for himself, the temp agancy charges $18. And alot more people work through temp agencies in this country than many think. If you make $12 an hour at a temp agency they are chraging well over $20 an hour for you.

They don't check anything, they don't look for OSHA problems, they don't settle disputes, yet they get more than the person actually working. The monumental task(s) performed for this small fee ? Run ads, interview people and find ones competent enough to do the job and destitute enough to work for half of what they're worth, and then write a check every week taking out taxes and shit. You get a check from the company they work for and you are effectively a middleman.

Do countries that have competitive labor pools have middlemen selling the employees' time while producing fucking NOTHING ?

T^T

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