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By clutzasaurus - / Friday 3 May 2013 05:35 / United States
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That's illegal. Employers have to give you leave for things like surgery. There's a federal act that mandates it called FMLA. If he attempts to fire you over this, you can definitely get him in a lot of trouble.

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1, That's not really an option if OP is in a state where employers need no reason to fire them. It's sad though that the boss seems like enough of an asshole to do this. Edit - I didn't put together that OP was injured for some reason. In which case it would be wrongful termination.

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there are ways employers can get around it. Example: I have a seizure disorder, and have lost jobs because of it. I can't do anything about it because they always claim that I am being laid off due to cut backs or down sizing. when in reality it's because of my seizures me which is obvious because while down sizing larger companies usually lay off more than 1 person.

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Request FMLA time -Family Medical Leave Act. Make the request in writing and get your doctor to write a letter advising you to take it. They can't fire for it after that. They can fire you after you come back to work though

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I worked at Shoprite in produce and I ended up needing carpal tunnel surgery I was in contact with my manager the whole time and when I told him I was going to be cleared to come back to work he told me "oh yeah you weren't here a year yet so you had no medical leave and we terminated you" he told me this the day after I was with the company 1 year :(

I hate when people say nice things but have, and absolutely have to add something negative, like you didnt know you have to go back to work as soon as possible

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MAN UP. CALL YOUR DOCTOR AND ASK FOR A NOTE. If you're MEANT to be on "bed rest" you'll have no trouble getting one. If not: get on your crutches and into work.

That's illegal. Employers have to give you leave for things like surgery. There's a federal act that mandates it called FMLA. If he attempts to fire you over this, you can definitely get him in a lot of trouble.

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#3, that law has many exceptions. If you are going to work at an American company, you need to give up the notion that you have any rights. Even if one of the few skimpy rights you do have gets violated, it's very difficult to get restitution. The good news is that if you are entrepreneurial and start your own business, you can fuck over your employees with impunity, so, yay, 'murica!

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Even in a Right to Work state like Texas, FMLA will cover you for this kind of medical leave for most employers. Contact the Texas Workforce Commission, file a complaint. If he fires you, file for unemployment.

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Funless he worked there less than twelve months, worked less than 1250 hours in the last 12 months, or the business has less than 50 employees within a 75 mile radius. Also this is invalid if it can be proven that this was not a necessary surgery. There are a number of ways that the employer can legally (and possibly rightfully) avoid Texas' FMLA laws

Wow - US employment law, or lack thereof, sucks! You should get your mates to break his leg so he can join you in hospital to keep you company.

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Look at #3's comment. We do have laws against it. OP's boss is just a dick. Great advice on how to lose your job and go to jail tho.

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#20 That's why wasn't rude about & informed home we do have laws about that sort of thing. Unless you're referring to the thing about putting OP's boss in the hospital. In which case I'm pretty sure that's illegal in most countries.

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Actually, our some of our laws DO suck and we have at will employment meaning OPs boss very legally could fire OP without breaking any laws.

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'Murica. No but seriously, if there is a country where a boss could do this, it's going to be the US. I highly doubt, though, that any court would judge in favor of this boss.

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Yeeeees.... Because I was obviously serious about breaking someone's leg and was not being sarcastic at all.

What an absolute c u next Tuesday. I hope you get better, and I hope your asshole boss doesn't get away with it.

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This is FML, don't worry, you can curse on here. In fact, I think I remember one from about a month ago involving a "metric cunt-load of ham"

What about your sick days? What about your vacation days? I'm pretty sure you could take this to court.

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Oh, I wasn't familiar with Texas laws, I just looked them up on ehow. Either way, the boss is an asshole.

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Why do people obnoxiously assume ever American lives in Texas? Honestly, I'm not saying OP doesn't live in Texas I'm just bringing up the point that people do that. 74 don't think I'm attacking you--I'm speaking in anger of a conversation I just had.

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Why did they assume he's from Texas? Probably cause that is what it says on the top right side of his name...

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83- I'm American, I also don't live in Texas, and if you read the bottom right of the FML, it says OP's from Texas. *Shakes head in disappointment*

By  oj101

That's illegal. There is an assumed responsibility of the company that you will be fully covered for sickeness up to 4 weeks, and half pay up to 6 months. AND they cannot fire you in any way, shape or form.

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That does not apply in America. Would be nice, but, unless your employer pays 50 employees full-time and nets profit over $500k per year there are zero laws protecting him.

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Even in Canada companies do not have to cover sick time. Most full time employees must pay for their own short and long term coverage. Although, being fired for having ankle surgery would be a case for wrongful dismissal.

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Unless OP burned through all her sick days going to concerts or just not feeling like going to work. The employer could put her on probation for missing more days, regardless of the reason, and then fire her a few days later (Monday) for missing another shift. US law calls it "medically unfit for employment" too often sick for steady work, it qualifies the worker for benefits, but looks horrible on an employment check.

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