25 answers

Seek Advice After Being Terminated from My Job Due to Having Surgery

I am seeking moral support and advice for a touchy subject. Last Thursday I went to the Dr for severe pains in my right abdomen and was told I have a 10cm and a 4cm cyst on my right ovary. The doctor gave me meds to try and shrink the cyst and to follow up in one week. Yesterday I had my f/u visit and was told I would need surgery ASAP to remove the cyst and my right ovary because they were twisting my ovary and restricting my intestines.This means I would have to been cut open instead of the laparoscopic procedure normally done. Upon returning to work , I informed my employer of the need to be out for surgery and for 4-6 weeks there after. This morning when I got to work, I was handed a check for 2wks pay and told I was being terminated today. I was/am shocked. I have never been in trouble at work and have performed my job duties to my utmost ability. What should I do about the way I'm being treated? I am so afraid that my insurance will be terminated before my 6/27 surgery date. Any advice would be greatly appreciated.

What can I do next?

Featured Answers

The only advice I have for you is to seek legal help. What they have done is wrong. I hope you are able to get everything worked out.

More Answers

W.,
FMLA will apply if your employer has at least 50 employees employed within 75 miles of the worksite and if you have been employed for at least 12 months and have worked at least 1,250 hours during the immediately preceding 12-month period.
If you are part-time, a new employee or work for a small business, your employer may have the right to end your employment. What is legal is often not right. You should be offered COBRA to continue your health insurance for several months. You will also qualify to change to the health insurance offered at your husband's workplace under HIPAA. Keep any letter received from your former employer and health insurance. You will need this to change to any other health plan and cover your pre-existing condition.

Good Luck!

1 mom found this helpful

Get a lawyer !!!!! That is absolutely absurd and i'm furious for you. I'm sure there are laws governing these kind of thing, find out, protect yourself!!

1 mom found this helpful

The only advice I have for you is to seek legal help. What they have done is wrong. I hope you are able to get everything worked out.

Get yourself a lawyer honey.

I'm sorry to hear about all this! I don't think you can be fired for needing surgery. There is a Family Medical Leave Act that says employers have to let employees take up to 12 weeks off for medical reasons (http://www.dol.gov/esa/whd/fmla/).

Where do you work?? That site has some legal fine print details on the Act. I guess there is a small chance your workplace isn't included in the law. I would definitely look into this though. Ask your HR department about the Family Medical Leave Act (or if you have records of your benefits it might be listed there). Speak to a lawyer if you have to!

Good luck and let us know what happens!

I would seek unemployment as well as an attorney. There is a law that allows you 12 months of leave (without pay) called family medical leave (FMLA). Check into it.if you get the chance, although it may be useless unless you plan to fight it.
Good Luck!

An employer can not terminate you based on a medical excuse. That is what the Family and Medical Leave act is to protect. Actually you could be off for up to 12 weeks without being terminated. Personally, I would try to talk to your boss and then talk to an attorney.

Contact Labor Relations and then possibly an attorney. Labor Relations should be able to tell you what they can and cannot do. I believe this is totally illegal. Please check it out and pursue it.

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