is this legal???

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callie

87 months ago

I have a co worker who has been at labcorp for many years and recently found out she is going to have major surgery as a result of a chronic, painful condition. Her doctor gave her paperwork to show she needed to work less hours and they gave her less hours, but started using her vacation to 'fill in' for the missing hours so she gets 40 hour paychecks. She only now discovered this, i think they are doing this so she will have no vacation left over for her surgery and then they will fire her for missing too much work. It doesnt seem like this should be legal, but i dont know who to ask about it.

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Eileen in Weare, New Hampshire

87 months ago

Depends what state you live in. If your in a Right to work state, employers can do just about anything. I know of companys that get rid of you if you have any ailments. Sad but true. Doctors notes don't seem to matter either.

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Debbie in Columbus, Ohio

86 months ago

I have a sister-n-law that worked for a hospital for 10 years and only missed 3 days of work during those years. She has a back injury now and was being seen by her family physician and a doctor that the employer wanted her to see and because the doctor that the employer wanted her to see stated she could not do her job fully, but yet the family doctor released to go back to work, they would not let her come back to work and was taking her FMLA as well as her vacation time until she ended up losing her job altogether and is now unemployed and cannot get a job at this point because the hospital keeps giving her a bad reference.

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Googoo in Burlington, North Carolina

85 months ago

Depends on how his/her short or long term disability works, also (if that's in play). FMLA should cover the surgery and all that (unpaid), but a lot of employers only start that once the employee's vacation time is used up.

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hospital experience in Williamston, Michigan

85 months ago

I have found that just b/c your in health care doesn't meant they "care" more. I worked for a hospital that wrote me up for excepting a personal call. My supervisor walked by when I was on the phone and could tell it was a personal call. She got literally right in my face and stayed there till I hung up. I asked her firmly to step back out of my face. I explained to her I was going to the ER where my son was being rushed. The call was from my babysitter explaining my 1 yr old son had woke up with a fever and it was 106!!! EXTREMELY dangerous. It turned out to be an ear infection and he was ok but I was still written up. At the same hosptial about a yr later and one day before my week long vacation I woke up and couldn't breath. I had been sick for a few wks. I went to the ER where I was told I had bacterial Pneumonia and was admitted. DESPITE my being a pt at the very hospital where I worked I received a one day suspension for that absence. My supervisor (same one in my face) said it was b/c the call off was a day before my vacation. I showed them proof of my 2 day hospital stay but it didn't matter. I complained to a co-worker and she told me 6 months ago she called off b/c her chemo treatment for her breast cancer made her "more" sick than usual and she also received a day suspension for that absence. I eventually left this hospital but it goes to show that no matter where you work, if your not 100% they don't have time for you. NOT all places are like that but I feel most probably are.

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No One in Stamford, Connecticut

85 months ago

If you are in a "at will" employer state such as Connecticut, an employer can do anything they want and the employee has no recourse. Work discrimination laws are a joke. Plus, they can hire a foreigner for cheaper wages. See below:

www.youtube.com/watch?v=TCbFEgFajGU#qR_g3S40kj4

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G L in Suwanee, Georgia

85 months ago

At LC, there was an account manager in the sales dept. who had to take extensive leave to recover from surgery, she wasn't able to take disability until she used up her leave. After being out 6 months, LC fired her, she fought it, but didn't win. At LC, if you are unable to return to your job within 6 months, you are fired.

I wonder though if they could fire someone because of pregnancy? Some women have to take maternity leave early due to complications and that could be more than 6 months. I wonder what LC would do in that situation?

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Jobless Female in Washington, District of Columbia

85 months ago

The FMLA is for personal or family long term issues. They cannot fire you but they do not have to give you back the same job you were working.

If you are fired because of illness go to www.eeoc.gov and file a formal complaint. Provide them with copies of the doctors notes and any other information pertaining to the situation.

Yes, "At Will" states can let you go for any reason they want, however, if they are a company that state they are an EOE employer, they have to comply with the laws mandated.

As far as the "IN YOUR FACE" boss; it would've been time to go over top of her head to her boss and if that didn't work, then the next boss in line. An emergency room visit w/a hospital stay should be an exception to the rule as it was beyond your control and it was an emergency. Same goes for the personal phone call -- Personally, I would've ended up decking her! NOW, if they are giving you bad references, you can also file a complaint under retaliation as they are bad mouthing you and not allowing you to become gainfully employed. Also, if there is someone there that you can trust -- put them down as a reference instead.

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I Am LabCorp in Cartersville, Georgia

84 months ago

callie said: I have a co worker who has been at labcorp for many years and recently found out she is going to have major surgery as a result of a chronic, painful condition. Her doctor gave her paperwork to show she needed to work less hours and they gave her less hours, but started using her vacation to 'fill in' for the missing hours so she gets 40 hour paychecks. She only now discovered this, i think they are doing this so she will have no vacation left over for her surgery and then they will fire her for missing too much work. It doesnt seem like this should be legal, but i dont know who to ask about it.

I am a LabCorp employee that has had a similar experience with another employer when I lived in Tennessee, which is a "Right to Work" state. All I can offer is the following:

1. As I understand LabCorp -- unless your co-worker requested a change to part-time status, LabCorp will use any accumulated time to maintain the full-time pay level while on medical restrictions. This is their policy and practice; I don't think it is aimed at your co-worker with malice. Sometimes local managers can make other arrangements -- depending on the manager -- look into that option.

2. As many of the replies have correctly stated, state laws very greatly -- so seek legal counsal and know your rights BEFORE your co-worker takes medical leave and/or LabCorp takes any further action. Be prepared. If needed, use your local Attorney Referal Service in the Yellow Pages to find a lawyer, initial consultations are usually free.

3. Remember the Federal Medical Leave Act. It is not a cure all, but use it. It could save your job.

4. LabCorp offers short and/or long term disability insurance -- have it and use it during medical leave.

Best of luck.

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Boots in Kansas City, Missouri

74 months ago

If anyone can answer this question, I would appreciate it. I'm a courier at Labcorp in Missouri. I've been here a year and a half. Sometime in the next 6-12 months, maybe sooner I will need to have surgery. I will be out for 3 months. I have short term and long term disability ins. that I'm paying for through work. After I have surgery and come back, will I get my same route back or will they give me something different? I really want to come back to my same route. It took me a long time to learn it and I really like it.

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