wronfully terminated?

This is a discussion on wronfully terminated? within the Hiring, Firing, Wrongful Termination forum, part of the LABOR & EMPLOYMENT LAW category; I went in to work on a Friday night and about passed out. I layed on the floor, had to ...

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Old Jun 11th, 2008, 07:28 PM   #1
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I went in to work on a Friday night and about passed out. I layed on the floor, had to be carried to the office to lay on the floor some more, and had to call someone to come bring me home when I had driven myself there. The next day, after feeling no better, decided to go to the hospital. I had the hospital call me in to work, as I was a scheduled double that day, and was even written off of work for an additional two days. The following day, I received several phone calls from co-workes telling me I was fired. I was let go for not giving enough notice before my shift. Are they allowed to fire me under the circumstances? Further are they allowed to tell everyone I was fired before they told me?
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Old Jun 26th, 2008, 08:17 PM   #2
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Default Re: wronfully terminated?

If the events happened as you say, the employer is on a very slippery slope. The problem they face is that it appears to be directly related to a medical condition you were dealing with. To discharge someone because they were physically ill and could provide their employer with hospital documentation is a poor stance for the employer.

My current company was toying with the idea of discharging someone because of failing to provide proper notice from a medical procedure. I was very, very hesistant in giving the go a head, so we spoke with our lawyer who said that is not one he would like to go up and try to defend.

If you are serious about taking action, call for an attorney.

By the way, I'm an HR Manager.
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Old Jun 26th, 2008, 08:31 PM   #3
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Default Re: wronfully terminated?

By not calling for EMS your employer has defaulted on an OTJ injury. I would call OSHA. Was anything toxic in your work area. Even if you were drunk your employer is still responsible for defending his actions.
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