Any Workplace Legality Experts Out There?

[AKL_Megs]

I know Michigan is a "Right to Work" state, but something about this seems off...

A woman at my place of employment started right about the same time I did. I've been here a month, and she's maybe been here a week less. We are both still in our 90-day probationary period, and can be let go for any reason.

This morning, the woman got in a bad car accident on her way to work. She ended up in the hospital!

I'm sure even the fact that management was TALKING about this in public isn't legal, but they were discussing in front of me and another coworker about how she will have to be fired for calling in sick in her first 90 days.

Isn't there FMLA or something that can help this poor woman secure her job? I feel terrible for her. From what I gather, she really needs this job.

 

[Guy Incognito]

http://fmlaonline.com/


"The FMLA has many restrictions. Employees must have worked at their company for more than 12 months. They also must have worked at least 1,250 hours during the previous year"

 

[Singleminnie]

In a right to work state they can terminate a person for any reason, esp during the first 90 days. The only thing she might have to hang on is if her injury might be debilitating, she could claim they terminated her due to a disability or perceived disability. I know it is really a bad situation. I have seen good people lose their jobs due to a Right to Work State law.

 

[lovesmurfs]

I know Michigan is a "Right to Work" state, but something about this seems off...

A woman at my place of employment started right about the same time I did. I've been here a month, and she's maybe been here a week less. We are both still in our 90-day probationary period, and can be let go for any reason.

This morning, the woman got in a bad car accident on her way to work. She ended up in the hospital!

I'm sure even the fact that management was TALKING about this in public isn't legal, but they were discussing in front of me and another coworker about how she will have to be fired for calling in sick in her first 90 days.

Isn't there FMLA or something that can help this poor woman secure her job? I feel terrible for her. From what I gather, she really needs this job.

Wow. Just wow. I'm not a legal expert, but if they fire her just for missing work over a documented car accident, I would question the ethics of the company. That seems just awful to me. If they're using it to get "rid" of someone they don't want to keep after the probationary period, that's just cowardly.

If she does lose the job and she was not at fault for the accident, she will need to include this issue as part of the settlement with the other driver's insurance company, which may help during her job search.

 

[Traveliz]

Wow. Just wow. I'm not a legal expert, but if they fire her just for missing work over a documented car accident, I would question the ethics of the company. That seems just awful to me. If they're using it to get "rid" of someone they don't want to keep after the probationary period, that's just cowardly.

If she does lose the job and she was not at fault for the accident, she will need to include this issue as part of the settlement with the other driver's insurance company, which may help during her job search.

Unfortunately there are many companies that terminate if new hires miss any days for any reasons at all during the first 90 days.

Liz

 

[snowywhite89]

I know Michigan is a "Right to Work" state, but something about this seems off...

A woman at my place of employment started right about the same time I did. I've been here a month, and she's maybe been here a week less. We are both still in our 90-day probationary period, and can be let go for any reason.

This morning, the woman got in a bad car accident on her way to work. She ended up in the hospital!

I'm sure even the fact that management was TALKING about this in public isn't legal, but they were discussing in front of me and another coworker about how she will have to be fired for calling in sick in her first 90 days.

Isn't there FMLA or something that can help this poor woman secure her job? I feel terrible for her. From what I gather, she really needs this job.

I hope you call her up to see how she is and offer your help. Maybe you could cook and clean for her.

I hope this company does not fire a person who leaves early to go to their Dr. or who is puking too much to get to work that day.

 

[NHdisneylover]

Unfortunately there are many companies that terminate if new hires miss any days for any reasons at all during the first 90 days.

Liz

Yes ,it is standard policy many places and it is not illegal to do it or talk about it.

The poor girl, what an awful situation all the way around.

 

[BELLE1109]

unfortunate, but not illegal.

 

[demonnit]

Unfortunately, legal.

 

[AKL_Megs]

Bummer. Thanks for the info!

 

[Arielle22]

It is legal (but not professional) to discuss another employee's issues in front of coworkers. Management could put it on a billboard is they desire.

Medical issues cannot be discussed if the information was given during events covered under HIPAA For businesses usually that means information from a self-funded health insurance plan).

 

[mamacatnv]

FYI a "Right to Work State" has to do with unions, not reasons for terminations. from Google Define: Right-to-work laws are statutes enforced in twenty-two U.S. states, mostly in the southern or western U.S., allowed under provisions of the Taft-Hartley Act, which prohibit agreements between trade unions and employers making membership or payment of union dues or "fees" a condition of employment ...

What you guys are talking of is an Employment at Will State and yes she can be terminated. Now, would I want to work for a company that has zero compassion? Probably not, but is it legal? Absolutely!

 

[tomthebarncat]

How heartless of the organization, especially since they will now have to go thru the hiring process all over again. Management needs a wake up call!

 

[Pakey]

We have this type of policy and however unfortunate it is (it's always unfortunate when someone loses a job IMO), it is understandable. Companies have policies for a reason and you can't make exceptions because it then opens up the door for claims of discimination.

 

[lovesmurfs]

How heartless of the organization, especially since they will now have to go thru the hiring process all over again. Management needs a wake up call!

That was my thought. They're not seeing the larger picture, how much it costs to train a new employee, how much loyalty they might get from an employee treated well during a tough time.

 

[mamacatnv]

We have this type of policy and however unfortunate it is (it's always unfortunate when someone loses a job IMO), it is understandable. Companies have policies for a reason and you can't make exceptions because it then opens up the door for claims of discimination.

At HR & COBRA Seminars we get this pounded into our heads. Thus the reason companies often use the terms "may be grounds for termination" instead of "will be terminated"

OP what does your company policy say?
Oh and as a heads up, lots of people in the workplace including management chat and "think" they know or understand their company policies when in reality they really don't.
I hope your co-worker is ok.

 

[AKL_Megs]

We have this type of policy and however unfortunate it is (it's always unfortunate when someone loses a job IMO), it is understandable. Companies have policies for a reason and you can't make exceptions because it then opens up the door for claims of discimination.

Oh, I totally get it! It's just unfortunate, but I get it. What is rule for one is rule for all.

 

[AKL_Megs]

At HR & COBRA Seminars we get this pounded into our heads. Thus the reason companies often use the terms "may be grounds for termination" instead of "will be terminated"

OP what does your company policy say?
Oh and as a heads up, lots of people in the workplace including management chat and "think" they know or understand their company policies when in reality they really don't.
I hope your co-worker is ok.

It's pretty wordy... We can't call in sick, but then it says to give at least two hours notice if you call in sick (she did neither), you can't no call no show (you are a ncns if you are more than 3 hours late... She would have been), and you can't leave work early without permission. Those are the three "absence" ways to automatically be fired.

 

[NHdisneylover]

If you work for a large company it is very possible that the managers feel terrible about it too but that their hands are tied.

 

[AKL_Megs]

If you work for a large company it is very possible that the managers feel terrible about it too but that their hands are tied.

Oh, I'm sure! It's funny, because the one (male) was obviously upset, and the other (female) was almost enjoying the fact.