Unlawfully fired?

Discussion in 'Legal Issues' started by longcat, Dec 28, 2010.

  1. #1
    Hello DP. I know this is a place for web-based things like article writing and SEO and whatnot, but I come to you with a real-life concern I have.

    I used to work as a Store Manager for one of the largest drug store chains in the United States. My store had the best profit margin and customer satisfaction surveys. My employees (and my boss) loved me. I wasn't making very much money, but it supported myself and my son.

    I received a call in early August from my boss (the district manager) informing me that I was being terminated. I asked why, and his response was "we aren't required to have a reason." I went to the Employment Security Commission and asked if they were allowed to do that and they told me that as long as it's not due to my age, race, or disability they were correct.

    This is strange and unfair already, but I'm most concerned because I, only days before being fired, visited my doctor and was told I would need major surgery on my foot. I also heard gossip that I was fired because the company was doing bad and didn't want to take on the expense of my foot surgery. This is absolutely disgusting business practice, and since I was in such great standing with the company (I even got an excellent letter of reference) I'm quite sure that the gossip is true.

    I ask the legal expertise of this community because I don't know where else to turn. I've tried calling several phone-book lawyers and all have told me they don't handle that kind of thing.

    Thanks for any help!
     
    longcat, Dec 28, 2010 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    Termination at will - no reason needed to terminate you unless you had a contract saying otherwise. I find it hard to believe that the foot surgery had anything to do with your termination to save on insurance. As part of one of the largest drug store chains in the US, the cost of surgery wouldn't affect them at all - it would be paid by the insurance company and you can still have the surgery and be covered under COBRA. I would move on and find another job.
     
    mjewel, Dec 29, 2010 IP
  3. Theft Victim

    Theft Victim Peon

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    #3
    The real unemployment rate in the US is: 15%. Many workers are barely hanging on to their jobs. Without hard evidence that you were terminated for reasons other than economic necessity, suing for the tort of wrongful dismissal would be futile. As for the health plan, most companies extend them for 3 months after termination, and surgery costs might be covered beyond that period if the plan requires paying benefits for prospective treatment that was arranged while formally covered. Companies no longer give reasons because corporate counsel advise that doing so could open them up to law suits.

    Few are aware that there are statutory protections - including the remedy of reinstatement, with back wages - where a worker made occupational safety complaints.
     
    Theft Victim, Dec 29, 2010 IP
  4. omarabid

    omarabid Well-Known Member

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    #4
    The company pays for your foot surgery? I'm not sure, may be they just have an insurance. Go and and look for another job, that's it.
     
    omarabid, Dec 29, 2010 IP
  5. dscurlock

    dscurlock Prominent Member

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    #5
    Your company pays a certain % of your insurance prem...Your insurance would have paid x amount on your foot claim, not your company.
    but I do feel for you, my wife was also let go for foolish reasons, and she is the super best at what she does, but when a company
    gets taken over, then they start worming their own employees in the door, and all the old employees are tossed. Your Govt protects
    these compaines for such terminations, reason or no reason, or a lie for a reason, they are protected, and can say almost anything (within reason)
    from what you have said, you do not have any claims against the company, and certainly not from rumors or hear-say...

    Crap happens, the economy sucks, get off the couch and start looking again.

    My wife cried for a week before looking again, she was lucky to find
    a new job real quick because of her skill set, we did have to move...
    If a job doesnt come to you, then you have to go to the job.

    If your company terminated you, and they provide no neg references, then feel blessed....
    some people get canned, and their company gives bad ref (some true, some not)
     
    dscurlock, Dec 29, 2010 IP
  6. plog

    plog Peon

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    #6
    Let me be the first to welcome you to America: The land of hope, opportunity and a place where you can be fired for any reason other gender, race or disability (and in those cases they just make something up and say its for that.)

    You have no case against them, you were not illegally terminated. There is good news though, its called COBRA. They are required to continue to make your health insurance available to you. You will have to pay more for it, but you can still be on their plan and have your surgery.

    Here's a link to an explanation about COBRA on the Department of Labor's website:

    http://www.dol.gov/ebsa/faqs/faq_compliance_cobra.html
     
    plog, Dec 29, 2010 IP
  7. dscurlock

    dscurlock Prominent Member

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    #7
    I think we only used it for one month, and it was like $250/mo
    but everyone is different, so could lower, higher, about the same.
     
    dscurlock, Dec 29, 2010 IP