if fired for missing work for sugery is unemployment available?

so i had surgery yesterday. i had it scheduled for next week because my boss is on vacation this week. they called me and said there were changes in the schedule and wanted me in for the surgery yesterday.
i went to HR and told him what was up and he said ok so i took the surgery. because of the surgery i am out of work today as well.

i start to get paranoid if i miss work cause the GM can be pretty unreasonable. he just goes off sometimes.

he does things like when people put a 2 weeks notice in he tells them to pack their # and leave now.
he has no problem getting in peoples face and screaming at them. "you mother F. i will f in fire you".
things like that.

anyway, i had surgery and i have a note from the doc saying i had surgery and i can return friday. i just have a feeling he is going to have a meltdown.

i figured getting fired for surgery with a doc note is about an unjust cause as you can get so i would think i could get unemployment.
he can not honestly say i was fired for anything else. i have missed work before but always have a doctors excuse. never been written up. never no called no showed. been employee of the month twice.
he is just a shady bastard.

anyone know how that works?

a reply to: TinySickTears

Depends on the state labor laws.

Employed at will: If you are employed at will, your employer does not need good cause to fire you. In every state but Montana (which protects employees who have completed an initial "probationary period" from being fired without cause), employers are free to adopt at-will employment policies, and many of them have.

a reply to: TinySickTears

You have a bad boss. Unless your boss is the owner of the job you work for you can EASILY handle this situation.

First, go get yourself a pocket recorder, not your cellphone, but an actual recording mic. They are inexpensive and can record for a much longer period than a phone would.

Second, make sure to video record every interaction with your boss on your phone or another method of video recording.

Third, get testimony from your co-workers on cam (video or audio) of the issues related to this boss.

Last, contact your HR department with the above recorded and tell them you are in contact with news organizations for a story on how the company treats its employees. Don't forget to record that as well.

If nothing changes, contact your local news department, your story will get aired.

originally posted by: Vector99
a reply to: TinySickTears

You have a bad boss. Unless your boss is the owner of the job you work for you can EASILY handle this situation.

First, go get yourself a pocket recorder, not your cellphone, but an actual recording mic. They are inexpensive and can record for a much longer period than a phone would.

Second, make sure to video record every interaction with your boss on your phone or another method of video recording.

Third, get testimony from your co-workers on cam (video or audio) of the issues related to this boss.

Last, contact your HR department with the above recorded and tell them you are in contact with news organizations for a story on how the company treats its employees. Don't forget to record that as well.

If nothing changes, contact your local news department, your story will get aired.

Well, this is one way to fight it. I hope you are recovered and ready for it. Because, whatever you do, you are on your own. As the old saying goes and recently resurrected by Elizabeth Warren, which I think applies to your situation, "if you aren't at the table, you are dinner".

a reply to: TinySickTears

I work in the "labor & industry" sector and can tell you that if it is an "At Will" state, they could probably still fire you without needing a reason, but if it is "retaliatory" that could be another issue.

Look up the laws for your state (in my state I would look up whatever your state's name is, and then "Department of Labor" or "Employment Security". They should have local offices you can call or visit and give you free counsel. I hope this helps and hope it all works out for you.

Your boss sounds like a scumbag A hole

a reply to: TinySickTears

I know things are a little different in the United States, but aren't you covered by protection against unlawful dismissal when you have a "yellow note" from your doc?

It is a medical issue... if he actually fires you against laborlaw, you should sue.

He will have to pay for your legal assistance aswell, which should teach him a lesson.

a reply to: TinySickTears

he has no problem getting in peoples face and screaming at them. "you mother F. i will f in fire you".

Sounds like an asshole and a control freak. Who wants to work for one of those?

Life is difficult enough, maybe getting the axe will be a good thing in the long run. If you can catch his reaction on cell , the better.

originally posted by: Vector99
a reply to: TinySickTears

You have a bad boss. Unless your boss is the owner of the job you work for you can EASILY handle this situation.

i agree.
the GM is like nothing i have ever seen. i do try to be fair. he has been in country about 15 years but he was born, raised, and worked in basically a different world in a crazy time. i think he still acts like he is back there back then. i dont know.

he just goes off. we have a metallurgist at work. he has a Phd and 2 masters. very nice guy. very smart. very respectful.
i have heard the GM go off on him saying things like i told you.
very hard to deal with type of dude.




momof3, yes i am in an at will state.
when i look online it is very vague

--You are unemployed through no fault of your own. For example, if you quit your recent job with good reason (as defined by the law) or if the employer fired you without good cause, that would be considered "no fault of your own." Be sure to give complete and accurate information about why you are no longer working.--

a reply to: ColCurious

i figured if i got fired for this i would go hit up a lawyer right away and i very well may win but that wont get me paid immediately you know.

intrptr, he is both. it is crazy. i have never seen anything like it.
the most unapproachable dude there is.

the vp and the p are the same way. they will just punk you in front of everyone for no real reason.

they do not let you forget that they run things and you are #

As far as I know you should be able to get unemployment after being fired.
And it sounds like you needed a different job anyways.

originally posted by: Bluntone22
As far as I know you should be able to get unemployment after being fired.
And it sounds like you needed a different job anyways.

i know.
i go back and forth about it every day.
i like what i do and i like my direct supervisor. the GM is just off the chain though.
i tell myself every day i am going to leave but then i stay because i am comfortable.

my work is gravy. my shift is awesome. i have my own office. i work 5 minutes away from my house.
no swings. no weekends.
its just the GM.

he and the guys that own the company are from a different reality. its hard to explain really.

a reply to: TinySickTears

he and the guys that own the company are from a different reality. its hard to explain really.

Ehhh, that explains a lot more. if the guy you don't like or vice versa is an owner or a family member of the company owner it's best not to rock the boat.

If you lose your job, are demoted, or suffer loss of work and compensation from an injury that you have proper medical documentation on, well, you better keep that ready.

Hey, I live in ohio. I'm sorry if its the same where you live, but here its at will working which means they can and will fire you for anything. I have kidney problems and when I worked at a call center for a bank, I had to call off a total of 11 days in the year because of my kidneys. I had hospital and dr notes, that I was berated for even bringing into the office and told to throw them away because they refused to take them. They didn't accept drs notes, they didn't care, all they cared was you missed more than 6 days so youre fired goodbye!

I DID GET UNEMPLOYMENT to answer your question.

-Alee

Short answer, yes he can fire you. BUT you will be able to get a lot of money from that miserable SOB.
Its called wrongful dismissal. You will get unemployment and the system will goto court for you and sue your employer for all the lost wages.

Edit to add: This is from my experience in Canada anyway. Things might be ass backwards for employee rights in some states

a reply to: Vector99

In some states, like Ca, it is illegal to audio record a conversation without their express authority.

Check with your state before recording!

a reply to: TinySickTears

FMLA. You need to have your doctor complete FMLA paperwork ASAP.

I feel for you.

Usually, the HR department is more in charge of this than the managers where I've been. They can recommend, but HR has the final say. So if the HR has said you are good, shouldn't they know the rules better than your manager?

a reply to: NewzNose

No, it isn't illegal to record someone.

The laws get tricky when trying to use a person's recorded testimony against them, but it isn't hard to get a verbal consent.

a reply to: TinySickTears

Start applying for other jobs. If anyone got up in my face at work I would not stand for it. It's old fashioned bad management, usually employed by lower IQ bosses.

Apply for jobs and go back to work knowing you won't have to be there much longer.

On unemployment...you can collect unemployment as long as your employer does not contest the filing. If they do, you're SOL.

On Right to Work states...if you live in a RtW state your employer can terminate you just because he doesn't like the color of your shoes. Sorry, but it's true.

On wrongful termination...laws vary widely by state, but generally speaking it takes a pretty long and solid paper trail to prove wrongful termination. Unless you are a civil servant (which it doesn't sound like you are...because your boss could never get away with that behavior), the onus will be on you to pursue the wrongful termination claim in a court of law. In other words, you will have to pay attorneys to file the suit and all costs associated with prosecuting it. Employers know this and will use it to their advantage (i.e. they will spend you into quitting the suit).

All of this said, things like termination for child birth and handicaps (which are federal laws) are a different matter altogether. However, this does not sound like the case in this instance. And one last thing, elective surgery is much harder to defend than emergency surgery. In fact, elective surgery has almost no defense.

ETA...oh, and one last thing on elective surgery, just to be clear about how hard this defense is; elective surgery is viewed basically as 'vacation'. So, to use elective surgery as in a wrongful termination suit would be akin to attempting to use unauthorized vacation as a cause for wrongful termination.