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Possible termination of my job because of excessive absences?
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Possible termination of my job because of excessive absences?

I am a 911 operator, ln 2006 I was suffering from servere headaches i went to several doctors including my primary care doctor and everyone told me that it was stress from my job so i believed them and tired to make the necessary adjustments to my life. The headaches continued and became worse and the unthinkable happen I became unconscious while I was on duty; I was rushed to the hospital and was diagonsed with a condition called psedutumor cerebri which is excess spinal fluid in the brain now I 2 negative annual evulations and recommandation for termination because of excess days missed of work due to the headaches and turmoil I have been through audience what is your advice someon help me here. Keep in mind once I was diagonsed it took me two months to see a neuorologist and medication to control the diease.
Additional Details
Ladies and gentlemen I am on modify duty I am no longer a 911 operator


    




Cappo359
Rating
Given your diagnosis, you may be in a "protected class" which could protect your job. Unfortunately, only litigation will tell, so you likely need a lawyer.


tony c
hmm sounds like it is time to move on from this position. the job is not suited for you if it is making you sick. i can understand from a management prospective of where your employer is coming from. They have a business to run and are ther to provide a effective service to the client. If there is a broken wheel in the smooth running of the business then it has to be fixed. Im a assistant manager for an employment agency here in Australia. generally an employer will have approached you and spoken to you about the issue and put actions inplace to attempt to help the situation. if there is no improvement them and employer will terminate an employee on the request of the HR department.
See it as a blessing in disguise as there will always be another position out there for you and change is as good as a holiday.


Judy
You are very likely eligible for medical leave under FMLA. You have to be allowed up to 12 weeks leave, and it doesn't all have to be consecutive. The leave is unpaid, but your job is protected. But that only covers future absences, not those already taken. It might help if you are still requiring time off due to the condition though.

Unfortunately, contrary to other responders, being fired for absences due to a medical condition is perfectly legal - having documentation and notes from a doctor do not change that.


sbyldy
Rating
I would think that if your job is causing that much stress, and if it is continuing to make you ill, that you might be able to qualify for FMLA. But, if you are not capable of doing the job because of illness which is prolonged, then they probably are within their rights to replace you. Yours is a very important job, and it is not like there are 20 people that they can call to cover for you when you have a problem.


Mel
You have the right to take FMLA leave for your own serious medical condition. That leave constitutes up to 12 weeks of unpaid time off (some states grant additional rights for FMLA time.)

If you have already used the 12 weeks of FMLA time, your employer is unfortunately within its rights to terminate your employment for either failing to return from leave, or for excessive absenteeism post-leave.

If you are disabled as a result of your condition, you may be eligible for disability benefits through applicable federal or state disability programs.

The sad state of health care in this country means that we really don't have adequate provision for chronically ill people who want to continue working when they're able to. Good luck with your illness and treatment.


HEATHER
Rating
While I can sympathise with your personal situation the truth is that I do not want someone with your condition responding as my 911 operator. You have a physical condiation that limits your ability to perform your job. Just like I don't think UPS should hire 7 months pregnant women to unload boxes over the holiday season.

Apply for disability insurance or find a job that is less stressful.


secretazn00
Rating
Doctors note proving your condition should be more than enough to excuse your attendence issues. However, if you are still terminated, than you will need to seek a lawyer who will take your case for wrongful employee termination. Usually in cases with an excused medical condition, lawyers will jump on it fast if your fired from a job because you have a solid case. Of course, resolution to the issue will take a long time. In wrongful termination, people will most likely seek financial compensation.


JustinLeon
Rating
Did you call in sick for this? Or you didn't show up?

Are you union? If you are maybe you can save your job.

If you are in a "at-will" state, an employer can terminate you for any reason or no reason at all.





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