| Author |
Message |
DES (Sickspeed)
Senior Member
Username: Sickspeed
Post Number: 7052
Registered: 8-2002
| | Posted on Thursday, October 09, 2003 - 1:51 pm: | |
Why can you just let her go, tell her you can't afford her anymore...? |
chris cummings (Entelechy)
Member
Username: Entelechy
Post Number: 527
Registered: 5-2001
| | Posted on Thursday, October 09, 2003 - 1:48 pm: | |
Robert - I shared this with my father (we often talk about how absurd and prolific law is becoming in this country). Here's his response:
Yes..and not only that..but he called her MD and talked with him about her case..that means he broke the law and could (truly) go to jail....she did not give a written consent for him to talk to her Dr. nor did she give written consent for her MD to talk to her employer...if she gets wind of
that..she can make a big law suit out of that alone..and that's just for starters...never have any money..never have your own business...never never...HA>.. L/dad. |
Robert Faber (F129b)
Junior Member
Username: F129b
Post Number: 78
Registered: 8-2003
| | Posted on Wednesday, October 08, 2003 - 11:53 pm: | |
Thanks all! I live in the state where Arnold is governor. Just back from working a 13 hour day to pick up the slack. Keep it coming, PLEASE!! |
Fred (I Luv 4REs) (Iluv4res)
Member
Username: Iluv4res
Post Number: 535
Registered: 8-2002
| | Posted on Wednesday, October 08, 2003 - 2:31 pm: | |
Robert, I don't know employment laws that well. However, If I were to think about this like dealing w/ my tenants....Sometimes, rather than evicting someone, I offer them some $ to leave. It kills me to do so, but it is often times cheaper in the long run to do that than pay an Atty, court costs, etc and loose another month of rent while the eviction takes place.
My point is....perhaps you could give the employee some severence pay/benefits in exchange for a release. You could also word it so that it could also keep her from filing for unemployment, which is also a cost factor. |
Crusing (Crusing)
Junior Member
Username: Crusing
Post Number: 117
Registered: 10-2002
| | Posted on Wednesday, October 08, 2003 - 12:46 pm: | |
Robert:
Don't know what state you are in but all states are at will employment, unless you made some guarantee in the contract. In WA you have to make sure that firing her does not violate "public policy." Therefore, You may have to watch firing her for her injuries.
The main problem you will have is that if she wants to she will sue you anyway, doesn't mean she will win, but you don't want the problem. Try to find some grounds other than her missing time. I would bet there is more than enough reasons to can her. Good luck, it's a tough situation. |
Thomas I (Wax)
Member
Username: Wax
Post Number: 514
Registered: 7-2003
| | Posted on Wednesday, October 08, 2003 - 5:17 am: | |
I'm not an Attorney. Fiancee is a paralegal doing other things until L.A.'s overcrowded paralegal market opens up. Mother was a paralegal who wound up career at - lo and behold, my Father's best friend's office (one my Attorneys) - who is also a former judge - not an old man by any stretch, though. My Father was a County Grand Jury Foreman. As I write this, my folks are at my Attorney's condo in Tahoe. We've always talked law. A lot.
With the informal introductions out of the way...
Family and Medical Leave Act (FMLA)
http://www.legalmatch.com/law-library/family-and-medical-leave.html
"To be eligible for the FMLA, the employee must fulfill all three of these requirements:
Have worked for the employer for the last 12 months
Worked at least 1250 hours over the last 12 months
Be employed by one of the covered employers. Covered employers include:
ALL Government and Public Employers, including federal, state and local government employers, public agencies, and public schools.
Private Employers if they:
Have 50 or more employees working for 20 weeks over the calendar year AND
Engage in interstate commerce (such as buying and selling goods across state lines) or an industry affecting interstate commerce."
Wrongful Termination
http://www.legalmatch.com/law-library/wrongful-termination.html
"The rules for whether an employee was improperly fired or terminated from their job vary by state. The majority of states follow the rules of 'At Will' Employment..."
"The majority of states today follow the rule that employment is 'at the will' of either the employer or the employee, or 'at will.' 'At will' means that an employer can fire an employee for any reason the employer sees fit, provided it is not for an improper reason (listed below). It does not make a difference whether the employee actually did anything wrong, or whether the employer misunderstood the facts of the situation. If the employee is 'at-will,' any reason, including no reason, is a proper basis for termination."
That should give you a bright, gleaming ray of hope to admire before the Attorneys weigh in with what advice they are legally able to dispense via this forum. |
Robert Faber (F129b)
Junior Member
Username: F129b
Post Number: 76
Registered: 8-2003
| | Posted on Tuesday, October 07, 2003 - 10:00 pm: | |
I have this employee who manages the front office in my dental practice. She has been with me for 9+months. She has had MULTIPLE distracting personal issues in her life since beginning work for me. Some have caused her to miss work. She has been out of work for knee injury (2days), abdominal surgery (5 weeks), and now some foot injury(1+ ? days). In fact I have just come to expect that she is "one of those" types of people that is always in need of some special understanding. I spoke with her MD during the time she was out for her abdominal surgery. He said that amount of time off (5 weeks) was reasonable. I came to work this am to find a faxed note of excusal from her MD treating this foot thing. She didn't even call to say she'd be out.
Enough is enough I say. My small business really suffers from her "key" position being untended in her absence. I really want to fire this ••••• and move on to someone more capable of giving me the solid 4 days per week the job requires. I am worried that she is in a fighting mode and will try a wrongful termination suit. Where do I stand? Advice?? |
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