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Author Topic: Can My employer harass me for calling in sick?  (Read 167 times)
Leila_Rose
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« on: May 01, 2011, 11:27:40 AM »

Ive worked for this Corporation for 9 years now. We work 10-12 hours a day mandatory overtime. I told my manager that i wasn't feeling well on Wed. and told him i was taking NyQuil all day and slept right when i got home the night before. Thurs. was my day off and thought id be able to pull myself together to get to work Fri. however i felt worse so i called my manger and told him i was calling in. He explained to me that we had an agreement that since im in management that i don't call in sick. This agreement was never talked about and i would have not agreed to such terms. He told me if im really sick to come in and work in the office and answers phones and if he thinks im really sick hell send me home. I told him if i felt like i could show up to work i wouldn't be calling in. then he asked me if i was refusing to come in. i Explained to him for the second time i was sick and not coming in, he then said ok see you tomorrow. This is not the first time something like this happened. About a year ago my wife gave birth and i filed for FMLA. I reserved 1 week to be home with my new family and towards the end of the week my wife got an infection and since i had 12 weeks paid leave i called to extended my time off for another week well in advance for them to adjust the staff accordingly. I was told by my manger ( not my current manager) that i wouldn't be able to extend to help my wife who was on bed rest that i had to be back to work at my Original set date. I was upset and called my HR department and explained what happened they said they would look into it and keep me updated. 10 minutes later i got a call from my Assistant vice president asking me what was the problem. I explained i needed time off and to take care of my wife. he asked me why and made me explain her current condition. In the end i got my time off but i feel like it was unnecessary for me to explain my wife's medical condition. I have since called in only 3 times over the 9 years ive been with this Corporation and every time ive got the third degree about how im a manager and managers don't call in sick. (not including my 2 weeks for the birth of my daughter) I still have 10 weeks left of paid leave that i feel i  cant because they will hold it against me. Ive worked with several managers who all tell me that im more then qualified for a promotion but every time i go up for a promotion over 10 times i never get it. Ive worked with people who get the promotion and in the  end i end up doing their work. In the end i feel like they are holding it against me  the few times that i have called in sick and want to do something about it. Do i have enough information to explore legal matters? Ive documented every incident with what was said and who it was with. Id like to do more then a class action law suit. what are my options if i even have any? Thanks for your time.
Yes its true i have not suffered no damages, but shouldn't i be able to take my 10 weeks of family time whenever i feel like it? I always thought that your employer couldn't question or hold it against you. Im basically at the point where i feel like i cant take the rest of my family leave because im scared they will retaliate by transferring me to another store father away from home, or continue to pass me up for any promotion i try and go for. Am i fighting a losing battle?
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Rodger_Dodger
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« Reply #1 on: May 02, 2011, 05:43:31 AM »

You have extremely limited rights since I assume you are not part of a union. You're employer can pretty much treat you any way they want.
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Alina
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« Reply #2 on: May 02, 2011, 08:27:29 PM »

move on to another position

they are making it so hard to win
that winning is not worth the struggle
move on to new places and people
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Quizzard
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« Reply #3 on: May 03, 2011, 05:51:19 AM »

Your employer is allowed to question you if you call in sick.  Simple as that, and that seems to be ALL that they have done.

They can also fire you without cause if they want.  You have no legal matters to 'explore', since you have suffered no damages.  If you do so, expect to be fired, which will, it is true, solve your problem.
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Mr_Warrior
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« Reply #4 on: May 04, 2011, 01:41:22 PM »

Just because your manager dos not mean your not human. Managers also get sick.

Suffice to say we all have extra responsibility as managers and are required to get the job done, while we are away. Is that not why we have staff, to get the job done. Delegation of responsibilities so to speak.
Even if it is for one day, a week etc.

I would be more inclined to explore reasons why your work, is not done on the day you happen to call off sick.  Yes, it is a rare occasion, but ultimately your staff (even second in charge) should be able to perform your duty when you cannot come in.
This sounds more like a lack of training in lower level staff, who work under you which is the problem.

At least that way, when you do call in sick on the rare occasion. You tell your boss, " Jenny can take care of things today, she knows what to do, i have already spoken withher"

Then your boss, knows the work will get done, you have organised it and put well traind personel to take your work responsibilities for the day.
As opposed to dumping the responsibility onto the boss, to organise all that for you.

Whenever i call in sick, as a manager. I make sure i speak to my staff first and inform them of the important things that must be done that day.
Then a second phone call to the boss, informing them that im sick, and that my staff are aware and looking after the work that needs to be done.

The company is always bigger than one man. In fact its a team. So whoever i have working for me, i make sure that they can do everyone elses job, they are versatile and flexibile in their work responsibilities. Rotating their work so they can do other peoples jobs is an essential part of the business.
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