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got fired for child care

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Old 08-17-2007, 10:40 PM
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got fired for child care

Well my gf who is a single mom babys dad is a grrr stupid child support run away. she works goes to school and has the lil one, anyway hes been sick latley. few weeks ago she had to take 2 days off due to pink eye(day care wont let him in) and now she had to take monday through thursday off due to an illness of his(her sons) has medical doc notes the whole 9 yards and she got fired today by a manager,

question is is there any kind of legal what nots for something like this? seems a lil extream and i would think something like the family leave act or something would take care of it
Old 08-17-2007, 11:31 PM
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It sounds like the manager is a heartless ***. I hate when people act that way when it comes to caring for children.
Old 08-18-2007, 12:12 AM
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At the risk of sounding like a heartless you-know-what, let's put the shoe on the other foot for a minute. A company is in business for one reason and one reason only - to make a profit. Employees are tools to achieve that end and if the tool is not working, then throw it away and find one that works.
A company is not a charity organization and therefore as a general rule cannot afford to keep bodies on the payroll if they are not producing.
Sorry if that sounds rough and maybe even cruel, but that is the way business life works, like it or not.
Old 08-18-2007, 02:11 AM
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Originally Posted by Mexstan
At the risk of sounding like a heartless you-know-what, let's put the shoe on the other foot for a minute. A company is in business for one reason and one reason only - to make a profit. Employees are tools to achieve that end and if the tool is not working, then throw it away and find one that works.
A company is not a charity organization and therefore as a general rule cannot afford to keep bodies on the payroll if they are not producing.
Sorry if that sounds rough and maybe even cruel, but that is the way business life works, like it or not.
I agree but there are also laws that are in place to keep people from being treated like a "Tool"
Old 08-18-2007, 03:19 AM
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If she is legitamitly(sp?) missing work due to a family illness, then she is probably protected by the FMLA.
The Family Medical Leave Act states that under most circumstances, an employee must be granted unpaid leave to care for a family member who is medically incapable for caring for themselves. This act was designed to specifically prevent what you just described. It does NOT just apply to women giving birth, which many people think. It would cover you if you had to miss work to care for your spouse or child.....

have her talk to the HR manager at the place of employment or to an employment attorney. Now the down side to this is that there are notification requirements and such, and she could be let go for failing to have followed those...
A synopsis of the FMLA taken from teh Dept. of labors website:
Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

for the birth and care of the newborn child of the employee;
for placement with the employee of a son or daughter for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
to take medical leave when the employee is unable to work because of a serious health condition.


more info here:http://www.dol.gov/esa/whd/fmla/
Old 08-18-2007, 06:41 AM
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Originally Posted by Chrisreyn
If she is legitamitly(sp?) missing work due to a family illness, then she is probably protected by the FMLA.
The Family Medical Leave Act states that under most circumstances, an employee must be granted unpaid leave to care for a family member who is medically incapable for caring for themselves. This act was designed to specifically prevent what you just described. It does NOT just apply to women giving birth, which many people think. It would cover you if you had to miss work to care for your spouse or child.....

have her talk to the HR manager at the place of employment or to an employment attorney. Now the down side to this is that there are notification requirements and such, and she could be let go for failing to have followed those...
A synopsis of the FMLA taken from teh Dept. of labors website:
Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

for the birth and care of the newborn child of the employee;
for placement with the employee of a son or daughter for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
to take medical leave when the employee is unable to work because of a serious health condition.


more info here:http://www.dol.gov/esa/whd/fmla/
What he said.... sucker got to the coffee first too.
Old 08-18-2007, 08:22 AM
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While recourse may be available by means mentioned above, in the end, it's probably for the best.

As difficult as it seems, use this as an excuse to get a job with a better employer.
Old 08-18-2007, 09:29 AM
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FMLA is for a serious medical condition... She needs to look at .. Was Pink Eye a serious medical condition?? or did she stay home because of lack of child care for those days???
Old 08-18-2007, 09:40 AM
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This is something that IS happening to single parents all the time, they DO have a more-constant attendance problem. FMLA may or may not be helpful as it WAS designed for more serious med conditions that require extended time off from work.

It is a shame that people trying to succeed as single parents have so many obstacles that prevent them from advancing in life, and in many cases actually constantly experience setbacks. She WILL be eligible for unemployment compensation as the layoff IS considered unjustified circumstances.

Even though at the moment she sees this as a negative, it may actually be a blessing in disguise. There are lots and lots of jobs out there, she may actually find one that is better than what she had. My daughter was laid off her job for what I would call nonsensical office politics, she is a hard worker, very productive, and has no time for the politics, just do what she is being paid to do and do it with excellence. Well, that causes problems for the more or less non-productive who can't keep up, so they go out of their way politically to dice someone. My daughter now has a job at considerably MORE money, MORE benefits, etc and just the other day the old company called her and asked her to return. Thier loss.

CD
Old 08-18-2007, 10:33 AM
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Originally Posted by Mexstan
At the risk of sounding like a heartless you-know-what, let's put the shoe on the other foot for a minute. A company is in business for one reason and one reason only - to make a profit. Employees are tools to achieve that end and if the tool is not working, then throw it away and find one that works.
A company is not a charity organization and therefore as a general rule cannot afford to keep bodies on the payroll if they are not producing.
Sorry if that sounds rough and maybe even cruel, but that is the way business life works, like it or not.

Wow you're a real *tool* for the boss aren't you?
People matter far more than corporations, that goes without saying in my book.

Most lawyers will give a free initial consultation, I would spend a little time and talk to one to see what your options are
Old 08-18-2007, 10:55 AM
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Originally Posted by DSjockey
Wow you're a real *tool* for the boss aren't you?
People matter far more than corporations, that goes without saying in my book.

Most lawyers will give a free initial consultation, I would spend a little time and talk to one to see what your options are
I'm sure mexstan is not trying to come off as a tool, but he brings to light the truth of the matter. A small business owner would face the same issues, if not worse.
Old 08-18-2007, 02:19 PM
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Hope you dont live in a "right to work" state. They can and do fire people with no reason given. Its the law in Florida.
Old 08-18-2007, 02:30 PM
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Originally Posted by gerry
FMLA is for a serious medical condition... She needs to look at .. Was Pink Eye a serious medical condition?? or did she stay home because of lack of child care for those days???
Pink eye CAN be very serious....and VERY contagious. That is why daycare will NOT accept a child with pinkeye.
Old 08-18-2007, 03:08 PM
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Originally Posted by DSjockey
Wow you're a real *tool* for the boss aren't you?
People matter far more than corporations, that goes without saying in my book.

Most lawyers will give a free initial consultation, I would spend a little time and talk to one to see what your options are
Whoa there, no need to attack me. Yes, people do matter more than corporations in most peoples books, but we are talking about companies and not individuals that make the decisions. No, I am NOT being a tool for anybody or any company. All I am doing is highlighting this sad fact of life. I am not siding with or against any rules and regulations in regards to this above situation. It is all very well to be compassionate in a situation like this poor single mother, but the bottom line is that the boss is still responsible to make a profit and if some workers are not producing, then sooner or later (probably sooner) the boss will be forced to make a decision and replace the inferior performing person (tool). Remember, a business is in business to make a profit and is not a charity organization. To keep an under performing person on staff for whatever reason is akin to charity, kindness and consideration notwithstanding. Dems da sad, cold, hard facts of business life.
Old 08-18-2007, 04:35 PM
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Originally Posted by Mexstan
Whoa there, no need to attack me. Yes, people do matter more than corporations in most peoples books, but we are talking about companies and not individuals that make the decisions. No, I am NOT being a tool for anybody or any company. All I am doing is highlighting this sad fact of life. I am not siding with or against any rules and regulations in regards to this above situation. It is all very well to be compassionate in a situation like this poor single mother, but the bottom line is that the boss is still responsible to make a profit and if some workers are not producing, then sooner or later (probably sooner) the boss will be forced to make a decision and replace the inferior performing person (tool). Remember, a business is in business to make a profit and is not a charity organization. To keep an under performing person on staff for whatever reason is akin to charity, kindness and consideration notwithstanding. Dems da sad, cold, hard facts of business life.
It may sound cold, and not what you want to hear, but those are the facts. It is the managers responsibility to make sure the operation coninues to operate flawless. Just keep in ming he has people that he HAS to answer to as well. It is her responsibilty to find an alternate source of child care for the hours she is scheduled to be at work.


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