Need Advice

My sister received a PM approximately 2 months ago after having multiple instances of passing out, several of which occurred at her job in Tennessee. She works at a local fast food chain.It may not be much of a job, but it is all she has at this point.

Prior to the discovery by a prominent Nashville TN hospital that the pacemaker would remedy her passing out issues, her employer required for her primary care physician to fill out a form stating whether or not she was able to work. The doctor stated that she was not able to work due to her current medical condition. Her employer said ok, keep us posted. At no time was she terminated. She has been away from work for approximately 4 months. The doctors have now cleared her to drive and return to work; however, she was treated rudely when inquiring with her regional manager about returning to work. She was told to contact corporate HR. She did and was told that she no longer had a job, that they were not hiring. They did indeed hire a new employee last week after she had inquired about her job. Also, this employer ALWAYS allows college kids to return work when not in school, (two of which returned to college last week). Does this sound like discrimination based on her medical condition? It does to me, but is there any recourse? She is trying to contact a lawyer to find out, plus to figure out any possible unemployment compensation. She has ALWAYS held a job! Help me, please. Struggling to pay her bills and mine.

Concerned Brother

4 Comments

Sounds fishy

by wenditt - 2010-01-19 01:01:32

This certainly seems unfair to say the least. But I can't say if it's legal or illegal. Certainly have her track down a lawyer who can lend some sound advise.

Best of luck.

hmmmmmmmm

by Pookie - 2010-01-19 02:01:19

If her employer said she no longer had a job....by law don't they have X number of days to give her her pink slip? Was that done? as you mentioned at no time was she terminated. When did they consider her NOT an employee any longer????

Did you sister get anything in writing from the company when she was off for those 4 weeks? Can you get ahold of their policy and procedures manual?

Do you have a Labor Board in the United States? (I'm from Canada and there are very strict guidelines to be followed by the employer.)

I think you need a lawyer.

Wishing you & your sister nothing but the best.

Good luck,

Pookie

?

by justme - 2010-01-19 02:01:53

I'm in New York and here we have an "at will employment" state, meaning that you can be terminated without cause at any point in time for any reason/or no reason.
However, refusing to re-hire someone for a medical condition is illegal in every state. You would have to be able to prove that this is the reason she was not being rehired, and that may be difficult depending on whether or not your sister followed company policies during the time she was out and whether or not you can prove it.

Check out legal aid in your city, or contact one of the lawyers who offers free consultations on TV or in the phone book.

Good luck.

Reason they give won't be health

by cruz - 2010-04-01 02:04:03

They never say they fired you while you were out sick. They can say they "laid employees" ...same as they can't fire someone who is on work comp, but they can have a lay off. They just wait to "lay off" until the employee returns. I was willing to take Disability Retirement which means I don't get much more than a third of my salary but does mean I have my insurance coverage. I've applied for SS Disability. My EF is 11-14. I only applied last month but even if approved they wait 6 months. Check with an attorney who specializes. Sorry to hear your story Zombie but that was the reason I decided to apply for Disability Retirement from my job. I worked for the State and they were laying people off and closing offices like crazy. I had been taking vacation instead of sick to keep my health issues from becoming an "issue"...if you are sick, it's like being the weakest animal in the back of the herd when the company is looking at who to cut from the herd. It was stressing me out so much that my condition was getting worse and I know it was affecting my health. I don't think my application for SS Disability will be looked at anytime soon. They usually just rubber stamp it "denied" the first time. Your appeal may get a closer look and be approved.
Prayers are with you.
CC

You know you're wired when...

Titanium is your favorite metal.

Member Quotes

I've never had a problem with my model.