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Greenhouse Gal

Depending on how long she's worked there, and how large the employer is, she may be covered by FMLA. If the attorney she's working with on the PI case isn't familiar with employment law in your state, your friend needs to contact an attorney who does work in the employment law field ASAP.

Note: FMLA=Family Medical Leave Act. There is a federal version, some states also have a state version.

Off the top of my head, if she is continuing to miss work due to injuries from the accident, she *might* have some protection under the ADA. Again, she needs to talk to an attorney familiar with employment law.

Good luck to your friend!

HeavyP

The point system you're describing sounds draconian to say the least - and from what I'm picking up on, while she may be able to get termination rescinded by removing some of the points, it sounds like some are there to stay. Find another job, because the rule system you're describing is BEYOND ridiculous.

The Last Archimedean

Find out whatever utter moron higher up is behind this and secretly arrange for their "retirement" via bazooka. Or if you're not feeling quite that vengeful, go one level above whoever the imbecile is and have imbecile's boss ream them a new one for ignoring the doctor's note and the hospitalization.

Skittles

That would definitely be illegal for them to fire her. I would tell her to inform her lawyer about the situation with work threatening her job. Odds are if her current attorney isn't familliar with those types of cases he/she can hook your friend up with someone who is. I don't know how much communication has gone on but I wouldn't necessarily wait to be terminated, I would start a harassment case immediately. She has a really good case considering that shortly after being in a wreck where she sustained serious injury and while still dealling with all of that her employers began threatening her job.

Bitch Boy

Rule #1 - Document, document document.

Rule #2 - Attorneys know other attorneys. They meet all the time. If they personally don't know of a good lawyer for dealing with a particular issue, one of their "buddies" may.

Rule #3 - Health first, work second.

Some will disagree with me on Rule #3 about it's placement.

Zmidponk

Be absolutely anal in documenting. Document when the crash occurred, when she went into hospital, when her work was informed of the crash, who precisely was told at her work, by who, and how. Document when when the doctor's note was obtained, who forwarded it to her work, who precisely received it, and when. It would be especially helpful if the manager is willing to sign something saying that yes, they were informed of Foofy's inability to work on X date at Y time, as this would be pretty solid evidence that the person who should have been informed of this was, in fact, informed in a timely manner, and so any of these 'points' that were added after this time, contrary to these rules, shouldn't be there.

However, HeavyP has it right. This points system sounds draconian and, frankly, merely a way to give the higher-ups an excuse to kick people out, especially if they're ignoring some of the rules involved in this system to ensure points stay on there.

Mr. Misanthrope

Document, document, document ... and hope that you're not in an at-will state.

I blew out a disc in my back, and was also terminated for attendance points. It's the au courant thing to do, don't you know. Points weren't removed when they should have been based on OFLA/MLOA paperwork. Even then, I would've been okay, but I missed a day one day before another point would have dropped off normally.

If you're in an at-will state, then it doesn't matter what they say in the exit interview. They can point to any number of things they don't like, and she can lose her job and be marked DNR. She may get UI -- I did, so that's something -- but the termination may not be unlawful at all.

mel

it sounds kind of stupid to fire someone for no reason other than a number next to her name. The manager would have to have absolutely no idea what was going on at any given moment to think "oh... this employee has ten points. I don't remember any of them and don't know who she is, so I guess I gotta fire her!" Really?

You can try askamanager.com for a second opinion, though the longer I read about issues like this, the more it sounds like employers can fire anyone at any time for any reason as long as it's not discriminatory...

photoslave

Terah, I think it's possible that we work for the same company. You can use the contact info on my website (my name is a link to the site) to shoot me an email.

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