Help!- I was fired because my IC!

[Jax0927]

Hello, I live in Iowa and I had a job at a medical office for 5 years as a receptionist, I was dianosed in Feb. 07 with my Interstitial Cystitis and in 2010 I got very sick and had to have the interstim implant and they supported me 100% they even gave me unemployment because it paid more than my disability insurance so they put me on temporary layoff for 2 months until I returned. I made a huge recovery but had to use some personal/vacation time for when I got too sick to make it but when they fired me she said iowa is a at will state so they could but I read federal law protects employees from discrimination and she fired me stating I took too many days even though they allowed me off for surgery and also I had 8 days left of PTO. So how is that legal? I'm consultating a lawyer but have 2 wait until Monday but wondering friends if this has happened 2 any of u? Or if u can shine light on me having a legal suit, they also said my performance was extraordinary and I was amazing. Why then?

[VickiB]

I'm so sorry this happened to you! It sounds like they led you to believe things were okay and then blind-sided you which is pretty low! I'm not at all familiar with labor law but I hope your attorney visit will be helpful.

Vicki

[bob04951]

It was generous of them to give you the original time, you must have been a valuable employee. Why did you become "sick" again after the implant. Just curious. Did you have problems with it or something else? May be an issue if you decide to pursue something, but maybe you could write a letter to the docs you worked for and explain your situation, sometimes it is an office manager who makes these decisions. How are you doing with the implant? Is it helping your pain as well as your frequency? Thanks for any info.

[dg2901]

Federal laws protect employees from race, religion and gender issues, complaints about illegal activity, discrimination or harrassment, or health and safety violations within the workplace. Federal law also protects from being fired for exercising a few legal rights such as the right to take medical and family leave, time for serving in the military, or time to vote or to serve on a jury.
Its wise for you to obtain any all paperwork you signed when you were hired; most at-will employers have it clearly stated in their handbook or will have the employee sign a form stating they understand they're being hired at-will. Unfortunately, if its been disclosed to you that you're working at-will theres really not a whole lot that can be done, as at will means the employee can terminate his/he position at any time as can the employer without explanation.

Good luck to you.

[Linda May]

Ic

I am so sorry you got fired, I am applying for ssd because of alot of health issues. IC is unpredictable most work places do not want to deal with people in our situatuation. I hope your lawyer can help you I wish you much success and pray for a cure.

[ICNDonna]

I can't answer your question, but I do think talking with an attorney is a good idea.

Donna

[sailawaygrl]

[I]I run a small business and cannot afford to have my employees on leave for months at a time. Do I have to provide family and medical leave?
It depends on how small your business is. The federal Family and Medical Leave Act (FMLA), which requires employers to give 12 weeks of unpaid leave in certain circumstances, applies only to companies that employ more than 50 people within a 75-mile radius. If your company doesn't meet these conditions, you do not have to provide leave under the FMLA.

However, many states also have family and medical leave laws, and these often apply to smaller business. So even if the FMLA does not apply to you, your state's law might. To learn more about your state leave law, contact your state labor department.[/I]

This is from a website for small businesses. Unless the office was a very large one you might not have had access to FMLA. You might have had something under state law. You are required to do all the necessary paperwork though. Your employer is right, they can let you go in an "at will" state. Trust me, they know the law. While it seems wrong after they were so good to you before, it is their right to let you go for excessive absences.

So sorry this happened to you. For anyone reading this that is in a similar situation with your work. Please, please, please look into FMLA! No matter how NICE they seem to be, bottom line is business is business and they will let you go in a minute! FMLA is there to protect you, use it! I was on intermittent FMLA, meaning that I would never know when I was going to have to take time off, so when I had to call in sick (with IC) unexpectedly, I was protected. As long as you don't go over your limit in time. Your FMLA days re-instate on a rolling calendar as well. My boss got to a point where she was not at all sympathetic (as a person she was, as my boss....NO) I was well aware that they didn't like it but under the law I was safe. I finally couldn't do it anymore and chose to quit.

I would still talk to an attorney, but I don't think they can do anything for you. Once again, I am so sorry you are having to go through this. I hope things work out for you.
Sandra

[sailawaygrl]

State provisions for unpaid leave that are more generous than federal2 Employers w/4 or more employees required to offer 8 weeks leave for pregnancy, childbirth, or related medical conditions. (2006)
I found this by doing a google search for "Iowa state medical leave laws" I am not sure if this means only anything related to child birth, it looks that way. Once again, even if it does apply you would have had to filled out the forms.

A lawyer would know. I take interest in these things because my job was in HR, I enjoyed my job and really miss working.

[scarlett0]

Document everything!

i am so sorry you have to go through with this mess! people suck!

my advice would be to document everything. every time you took off work, all doc. appts and what went on regarding ic, meds, treatments, etc. ask your doc for copies of your med. records, get your employee file from work, including evaluations, commendations, etc. i also work in nursing, and one thing i have learned is that if it wasn't documented, it wasn't done. companies have lawyers to protect them, so we have to fight back hard. i wish you the best of luck.