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Quit or be fired? Will the company say why I left? (Employment & Labor Law)

Sat, 31 Jul 2004 18:34:00 GMT
Tags: californiabri, company, diasogned, employment, fired, illness, labor, law, leave, prior, state, term

What is the name of your state? California
I had a long term illness last year and prior to being diasogned and taking leave, I used up more than my allotted amount of sick time. Since that sickness, I have been getting sick more often and being more affected by illnesses. Due to that I've already used my allotted sick time for this year. My company talked to me earlier this year about managing my health and now I've been warned that if I take any more sick time this year I'll be fired, for the reason of being undependable.
Though the situation is lousy I think taking time off and looking into a career change may help overall, since it's hard to get healthier while working 70/hr week required unpaid overtime at a stressful competitive office job.
When I'm ready to go, should I call in sick and let them fire me, or should I quit? Unemployment would make the next few months much easier as I work on building up my health again and find a new line of work. But I would hat e to have a black mark on my resume because of this. If someone calls my company asking why I left, is the company likely to disclose that it was "for being undependable"? I'm sure no future employer wants to hear that.
Thanks for any advice.

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  • Wed, 04 Aug 2004 10:32:00 GMT(1)
  • Thanks for helping**
    I've worked for the company nearly 5 years. The company has around 400 employees. Sick days are tied to the calendar year, allowed 7 days per year. Last year I missed 13 days, most of them before and after a period of 5 weeks out on leave for a long illness. Some were unpaid as I was told by the company they would be, and I agreed to that since I had gone over the max time. So far this year I have missed 7 days. (I have also worked more than 7 full weekend days in unpaid overtime but I guess that doesn't count for anything.)
    If I'm terminated for being undependable, is that 'for cause'? Would I be denied unemploymnet? If so, it seems like I should quit before I get sick again.
    Thanks again.
  • Wed, 04 Aug 2004 16:52:00 GMT(2)
  • Based on the information you have provided, the time you took off MAY have been eligible for FMLA leave. (It would depend upon whether your illness qualifies as a "serious health condition" under the statute.) IF FMLA applies, then they CANNOT legally term you BECAUSE OF your medical leave. (If FMLA doesn't apply, then they can.)
    IF FMLA applies AND IF they fire you AND IF the reason they fire you is that you took too much medical leave, THEN you may have a claim of FMLA violation that you would file under the Federal DOL. HOWEVER, if you take time off to look for another job or to evaluate a career change, that is NOT protected time under the law and they COULD legally term you for being undependable AND tell prospective employers the reason.
    Whether that would disqualify you for UC benefits is something we can't tell you here. It would depend on your state law AND the specific situation at the time.
    We cannot advise you as to whether to quit or wait to be fired.
  • Sat, 31 Jul 2004 21:55:00 GMT(3)
  • No one can guess what your employer will say about you. However, if your employer is a very large firm, with a fairly decent HR department in place - chances are, they won't give out too much details as to why you were terminated. You better wait for CBG to give his 2 cents on this one.
  • Sun, 01 Aug 2004 07:43:00 GMT(4)
  • I have a couple of questions before I respond.
    1.) How long have you worked for this company?
    2.) How many employees does the company have?
    3.) How much time have you missed, TOTAL, in the last 12 months?
    BTW, no one here can possibly say what your employer will say to prospective employers. However, they CAN legally say that you were fired for being undependable IF that is the reason you were fired. An employer can say anything that is true or that they have reason to believe is true.
    BeenAround is correct that many employers do not give out the reason for termination. But only your employer can answer the question of what they will say.
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