Is This Legal, Or Even Okay?!

[Unregistered]

Hi guys. I'm having some trouble here. I've posted on here before about being mistreated and now I've got an even bigger dilemma...

So I've missed a total of 5 1/2 days of work in the 6 months I've worked at this job. Keep in mind I work with children so it is better to be safe than get them all sick. I know 5 1/2 days is a LOT, but I don't think I ever fully healed my body because I was working full time, so I just stayed sick and it got worse and worse. Also, these days are spread out, except for the week I had to stay home.

First time: I had strep, got a doctors note. Missed one day.

Second time: I had a horrible headache and nausea, got diagnosed with acid reflux, missed 1/2 day, got a doctors note.

Third time: Had 24 hr flu, missed one day, did not get a doctors note because they didn't ask me to.

Third time (last week): I had a nasty stomach bug (I threw up ~12 times, and I havent thrown up in 8 years) and I had migraines. I literally could only get out of bed to throw up. I spent all weekend either throwing up, sleeping, or trying to force myself to drink Ginger Ale. I went to the doctor, and the doctor TOLD me not to go back to work that week (We had a 3 day week for thanksgiving) so I was told I could go back on Monday (today, 12/2) so I missed three days that week.

I texted my friend who works at the same place and asked what days I was scheduled for this week, and the times. She told me I wasn't even on the schedule at all.

I called my employer on Saturday 11/30 (I work for a small business) and she didn't answer, then sent her a text, still nothing. I'm not sure what to do. Does this mean I'm out of a job? I haven't had any contact from her since I texted her telling her I wouldn't be able to come last week and that I would drop off the doctors note. She responded then, but nothing now.

Is it legal for her to fire me without even saying that shes terminating me? Also, is it legal for her to fire me even though I had a doctors note almost every single time I was sick?

I mean, come on, would she rather me be throwing up at work??

I've vowed NEVER to work for a small business again. I've been badly treated time and time again. Now all I'm left with is big doctor bills and no money to pay them.

I'm sorry if this doesn't make complete sense, if you have any questions, I'll respond to them.

[Blackcat31]

I'm sorry you are ill. I hope you feel better soon!

What was your employers response when you initially texted her about not coming in next week?

Has she discussed with you before any displeasure she's had about your sick days or days off?

Does your employee contract require you to get a doctor's note when missing work for illness?

Does your work contract state anything specifically about illness, time off or dismissal of an employee?

[Leigh]

If you work in a "right-to-work" state, your employment is likely considered "at-will". They can fire you for ANY reason. I suggest you contact your local department of labor and discuss your rights with them.

[craftymissbeth]

I'm not sure what state you're in, but in my state that would be legal, yes. As long as your illness/time-off is not covered under FMLA or ADA then they can fire you for missing work. In fact, I was fired from a government job last year (I was there almost a year) because I used up all of my sick days due to menorrhagia so bad I was anemic. There was no way I was able to do my job properly.

In my case it was totally legal for them to fire me. If you are concerned that your rights have been violated, though, definitely contact a lawyer.

[Unregistered]

I'm sorry you are ill. I hope you feel better soon!

What was your employers response when you initially texted her about not coming in next week?

Has she discussed with you before any displeasure she's had about your sick days or days off?

Does your employee contract require you to get a doctor's note when missing work for illness?

Does your work contract state anything specifically about illness, time off or dismissal of an employee?

When I initially texted her, here is our conversation exactly:
Me: "(1/2)Hey (employer name). I just left urgent care. Doctor doesn't want me to come back until Monday. I got a note from him. My mom offered to drop it off tomorrow or i(2/2) can bring it monday. I'm so sorry. "
Employer: "I will need the note what do you have?"
Me: "My mom will drop it off tomorrow. He said it was a strain of nasty stomach bug and migraines."
Employer: "ok"


No compassion, no, "I hope you feel better!" Nothing.

She has not said anything about me missing days before. She also did not ever tell me anything about requiring doctors notes, and it was not in the hand book. It said nothing about illnesses at all.

[Unregistered]

Also, I am in MI. I appreciate all of the responses so far.

[craftymissbeth]

I'm sorry if I missed it in your posts, but is it a center or home daycare?

[Play Care]

I imagine it is and I'd do as another poster said and call your Labor Dept. to see what you can do next (perhaps file unemployment?)

I seem to recall that you are young. If I were in your shoes I would do what I needed to do to finish my degree - even if it meant things were really tight in the short term. While most states are "at will" it's pretty much a given that professional jobs treat employees (a little) better then ones you don't need degrees for. Obviously there are exceptions but it's usually how it goes.

Best of luck!

[Unregistered]

I'm sorry if I missed it in your posts, but is it a center or home daycare?

A center. Sorry, I didn't specify.

[Unregistered]

I imagine it is and I'd do as another poster said and call your Labor Dept. to see what you can do next (perhaps file unemployment?)

I seem to recall that you are young. If I were in your shoes I would do what I needed to do to finish my degree - even if it meant things were really tight in the short term. While most states are "at will" it's pretty much a given that professional jobs treat employees (a little) better then ones you don't need degrees for. Obviously there are exceptions but it's usually how it goes.

Best of luck!

I guess I just need to take it in stride, use it as a learning experience, and try not to get sick so much, if that is possible! I will be leaving for school in January so it's not that huge of a deal, I guess. Now to figure out how to pay these doctor bills and still afford books...hmmm...

[preschoolteacher]

I remember you! You're the smart 17 year old at the stressful center. Right?

I think they probably have the right not to schedule you, although it's not ethical. However, your employer sounds flaky. Maybe she just hasn't responded to you. She definitely needs to tell you if you're out of a job. I'd go in there and try to talk to her face-to-face. In any case, that would show her that you're committed and serious about your job.

I think 5.5 days in 6 months is totally reasonable and bound to happen. A center should have plenty of back-up available for these situations.

I bet you aren't paid for your sick days, either, right?

[Margarete]

I would go in with the assumption that perhaps you were not scheduled because they weren't sure you would be better, and perhaps they were trying to be considerate of you not knowing how you were doing.
Weather or not this is the case, it will be better to go in non confrontational. Let them know you are ready to work, and directly ask them what to expect for your schedule coming up.
If they don't give you a satisfactory answer, or your not happy with them, take this week to look elsewhere, but don't tell them until you have something lined up. If they let you go, and even if they severely cut back your hours to little or nothing you can collect unemployment for being unemployed, or underemployed.

[Michael]

Interesting this post was deleted from Yahoo Answers. Maybe a troll.

http://malaysia.answers.yahoo.com/question/index?qid=20131202084504AAwgZOh

Suggest the OP register.