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Can an employer terminate you without notifying you of the termination?
Anonymous4 views1 answers
I was scheduled for an elective procedure and was 30 hours short of qualifying for an fmla so decided to put notice in to go from a full time employee to perdiem. My last day of FT was the 19th. I had a few days off and the status change was not supposed to go into effect until the 25th. I was notified by my insurance on the 26th that my policy was closed on the 20th. When I called HR I was informed that my status change did not go through, I was instead terminated on the 20th. Six days later I would not have known had I not called questioning why my benefits term'd sooner than expected.
Rather than go into a long rendition of your rights pursuant to FMLA, I will invite you to provide what in my view is necesary, additional information. 1. please explain why, if you were 30 hours short of qualifying for FMLA did you make a decision to go from full time to per diem ...which I will assume is for no set hours or schedule; and 2. Did you in fact ever get to work the additional 30 hours, be it in your full time or per diem capacity?; and 3. Did you provide notice to your employer in writing of your decision to "go from a full time employee to perdiem" and that "...the status change was not supposed to go into effect until the 25th"?; and 4. Were the "few days off" a previously scheduled vacation ...or what?; and 5. When you did call HR, did you inform them of their mistake?; and 6. If you did inform them of their mistake, what was their reply? If you wish to reply back in this forum you may certainly do so. Alternatively, you may contact any of the attorneys who care to weigh-in on this matter, including the unersigned. Best regards, Rob Fortgang - Employment Law Attorneys (800) 932-6457 ...We can help.
