Well, as the title says, I am looking for some info. I have talked to alot of people here and they all come up with the same thing. My ex-employer was wrong in terminating me. Here's the story:

Aug 16th, 06 my hubby was diagnosed with cancer (Thymoma). I took a day off for Kin Care to take him in for his first needle biopsy (He was unable to drive afterwards). Those results came back as fibrosis and couldnt be determined if it was malignant or benign. A Thorasic Biopsy was scheduled 19th. I took FMLA the 18-20th due to it being out of town and having to stay overnight in the hospital after surgery. I came back to work on the 23rd, after my scheduled 2 days off (21+22).

My husband wasn't doing as well at home and his Dr. put me off to help him get better and care for him (Oct 1-9). I went back to work the 10th + 11th, but Chemo was set to start Oct 12th and his Dr put me out on FMLA to take care of him from the 12th-23rd. Second round of Chemo was Nov 2nd. I had worked from the 24th through Nov 1st. His Dr put me off Nov 2nd-12th to take care of him.

During all this, I myself was getting stressed, anxiety attacks, not sleeping, among other things. Knowing my hubby of 8+ years might not make it to see our 9th anniv, almost killed me. My mom finally took me to my Dr and she put me out on Stress Leave Nov 9th. I notified my work I was put on disability since I work with heavy machinary and couldnt with the medication I was on.

My work put me off and let me know to get better. I kept in touch with them letting them know how my status was going. December, my Dr. sent me to a Psychiatrist and he put me out until March 31 due to depression. I notified my work and gave them the Dr notes ASAP.

Feb, I was notified by my HR that my FMLA days had expired back Jan 2nd and at that point, I was using up all my vacation. I told them I was on Disability by my Dr as of Nov 11th, not FMLA. Since I am on dissability, 1 day of vacation = 2 days off. I was then notified by my work that if I didnt come back to work by March 7th, I was terminated.

Now we had to do 6 sessions of Chemo and had to schedule surgery to remove the cancer (which is like open heart surgery, due to the location of the cancer). On top of all that I am told to go against my Dr's orders and go back to work from disability (without being able to take time off for hubbys next surgery). My family comes first and I told my job of 11 years I wasn't going to go back until I was released from disability. They sent my termination paperwork.

My psychiatrist had ended up putting me out further until Oct pending monthly appointments and upped my medications since I wasnt getting any better, expecially with the new stress. It was even starting to affect my hubby (2 full time workers both out, and I just lost my job after 2+ months of being on disability!).

I didnt think it was legal to fire a person when they were on disability? I've worked there for 11 years and had never been out on FMLA before (had been on disability once due to a car accident, where my car was totaled & I had broken bones). I've even recieved bonuses for not using any sick days all year a few years.

How is it posible that they expect me to get better when they take away my livelyhood. At the worst part of my life, they fire me and make life harder. Insurance went from $30/mo to $800/mo, not to mention I still have 2 cars and a house to pay on. With my hubby fighting for his health, I lose my job and we could lose it all. So long story short, I was on disability, being told by my Dr that I could not work and my employer fired me.

Was my ex employer in the right for firing me? I thought I was entitled for at least a year. Should I sue them? I dont think I want my job back since I know how they'll treat me if I do sue them. Please help!

 

Wow...sorry to hear that, Rachael! Not a lawyer here, so can't offer comments or advice. But good luck! Btw, talking to a lawyer specialized in such field wouldn't hurt either.

 

That is horrible. I can't give you any legal advice, but you should probably look into unemployment pay.. up to $480/week.. would certainly help you out.

 

My advice, is to get some legal advice. However, living in the Bay Area, I'll see what I can mine up for you.

Best of luck!

 

good luck.

 

good luck with the whole situation(s),

 

Sorry to hear about your situation. Contact a lawyer right away. If you are in socal call Carney Shegerian, ESQ. (310)860-0770 He is an excellent employment law lawyer. Someone from the office will conduct an intake and they will get back to you. Please let me know if I can be of more help. I worked for an employment law firm for 5 years.

 

how many employees does the company have?

 

The company is not a small company (about 650 employees). I used o like working there because they were like a family run business. In my department, there were about 100 employees. The job I was performing, along with 19 other people) was more about skill than strength, but it was easy.

If I had a desk job, that would be another story, but my position, we dealt with heavy machinary w/ sharp knives, high preassure hosses and adding ingredients at a specific time. I've watched someone almost get their arm cut off one night just for being a bit tired. Hell, I even had to put up with 3 bomb threats at that place just last year!

As for unemployment pay, I'm not looking for that. I can't also while I'm on disability. I just can't see how a company can fire somone on disability for no reason. When I started working there, there was only 160 employees. They cared about people...now all they care about is how much product we push out and screw the little guy.

 

I'd chat with a real employment lawyer. While CA is an employ-at-will state (don't need a reason to fire you) I think you might have protected status while out on disability. But I'm not a lawyer.