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Employment question....can she be fired?
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Employment question....can she be fired?

I have friend who told her employer she needed to be off earlier this year (in April) for a couple weeks because she was "sick." The truth is she was pregnant and didn't want it getting all over her office as she was adopting the child out. Anyway, someone found out she had a baby and told her boss she lied to him about why she needed the time off. She filed no formal FMLA paperwork, he simply approved the time off. Now I ask you can he fire her? Was she legally obilgated to delve into the nature of her "illness?"
Additional Details
well they found a reason...how sad for her! Thanks for the info


    




whoknewthecolorcouldbeblue
No, she can use her sick time for whatever she wants to. As long as she's worked there atleast 1 year, she can get FMLA. You can take FMLA time off if you are stressed out. You can take FMLA time off because you have gas. As long as your doctor signs the paperwork, you are out of work. If her doctor did not sign her paperwork, then its an issue. Each state also allows people a certain amount of weeks off if they are adopting a child. She could go onto the federal government's FMLA website for more info. I know people who have done this.

They cannot fire her for time she never took off. They can't prove that she ever told them she was sick. And if she never took off, they can't prove anything anyways. They can't reverse a doctor filling out her paperwork and signing her paperwork.

By the way, I was fired from my job in April because a co-worked was jeleous that I had gotten the supervisor position, and she made up some lies and HR fired me. They didn't have ANY proof that I did anything wrong, and they still fired me. So what, I am collecting unemployment making almost as much as I did when I worked, and I am in college. So I am better off.

She should get a lawyer IMMEDIATELY if she was laid off. The question is, was she an at-will employee? Either way, she has rights, and any lawyer would take a case where the employer basically didn't allow her to take time off that the federal government says by law they have to allow her to take. She can sue for lost wages, and maybe contact the Department of Labor to make a complaint against the employer.



Tim
Rating
She can be let go for any reason


corgi1922
Rating
If she lied then yes. It's hard to say what will happen. If her boss is understanding he might just ask her to be honest from here on out. If she would have applied for FMLA this wouldn't be an issue.


rwa000
Rating
if she was protected by FMLA than she would have to say why she needed the time off and produce a Dr.s note to support it, if the time was granted freely than she is under no obligation to tell any one but there are also under no obligation to keep her either


kapn
Rating
That's what happens when you lie.....she needed to go to HR and tell the truth.........just make them think what else is going on........can they fire her.........sure........she lied...........





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