Re: Missing work.......and cruel comments....please help :'(
From: Anonymous (anonymous@obgyn.net)
Wed Apr 17 13:44:27 2002
At Wed, 10 Apr 2002, anonymous@obgyn.net wrote:
>
>Not a bad idea, but do keep in mind that a doctor's note does not mean
>an employer can't fire you. Unless you are in a union, and covered by a
>collective bargaining agreement that only lets your employer terminate
>you for "good cause"; or unless you have a written employment contract
>with a similar statement; then an employer in the U.S.A. is legally
>permitted to fire you if they believe you are missing too many days due
>to illness, or if they believe you complain too much, or if they plain
>don't like you. You do not have a right to a job in this country, nor a
>right to be treated fairly on the job. While Congress and states have
>restricted employers' rights to fire anyone they please in some ways
>(because you are over 40, or a woman, or a racial minority, etc.), these
>are very limited categories; they still permit the employer to fire the
>person over 40, the woman, the black person, etc., for any other
>reason--such as missing too much work.
>
>The only law that would come into play here would be the Americans with
>Disabilities Act, which prohibits discrimination against people with
>disabilities. This would include some of the women here who are
>incapacitated by endo. You might want to talk to your human resources
>person about this, or (because HR departments are not on your side)
>consult an employment lawyer when you are first starting to get hassles
>from your job to determine how you should negotiate with your employer.
>It might involve talking to your employer about how you are disabled,
>etc. Congress and 5 of the justices on the Supreme Court are very busy
>limiting the reach of that law, however, so it's not at all clear how
>much of it will be left soon. Without it, you don't have much of a leg
>to stand on.
>Suzanne is absolutely correct- she is referring to the "employee at will" doctrine. As an attorney I can tell you that these cases are often hard to win.
>At Tue, 9 Apr 2002, brenda wrote:
>>
>>About misssing work...get a Dr note so they cant fire you!! Cover your
>>butt, if you get the note and they fire you they have probs. Have the doc
>>say on the note also that it can affect your job performance etc so they
>>cant get you for another reason. Good luck.
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