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Post Info TOPIC: can they fire me for illness?
Anonymous

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can they fire me for illness?
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i have to have my gallbladder removed and the manager of the store says there is NO LIGHT DUTY. he says if i can't do my job i don't need to come back. i work in the deli department. can i really be fired? i have been there for almost 5 months and have been in the union and haved paid my union dues since i began working there.



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Get a doctors note. They can't fire you for things you can't control. Talk to the union rep at your store. If they don't do anything talk to your division rep. Keep going over their head. Your manager is being a complete A-hole.

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Anonymous

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Wrong answer from mgmt. If u properly apply for sick leave and the doc and surgeon fill out ur leave papers right then u have every right in the world to go on sick leave. BUT here's where it gets sticky- having had this type situation before your manager is partially right in that he does not hafta allow u to come back with any weight lifting restrictions(although isn't it funny that if u were on workman's comp then they would make u come back even if u just had to sit on a stool and greet people at the front door!). It's really this simple- don't come back until u are fully released to do ur job completely with no weight restrictions... beware though that these surgeons assume everyone has a desk job and can be back on the job in ten days or so. So hopefully u qualify for sick pay via the union while ur off- whether it be 2 weeks or 2 months. Regardless this is how u hafta play it.

If ur mgr actually said that to u verbatim then I'd be calling that 1=800 number so somebody way above him can "enlighten" him/her. To me this sounds more like a maneuver to get u to quit- u didn't say but I'd guess there are some other issues such as work performance or attendance with u that would make him/her try to coerce u to quit.



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yes i agree with the previous posters. DO NOT let management intimidate you with their threats. Schedule your surgery. Give all involved proper witten notice of your surgery dates as far in advance as possible. Give copies to your union steward making sure (s)he faxes a copy to your local union office. File for "medical sick leave". Go ask your store's HR person for the appropriate forms to do so. Remember that anything you do with the HR is STRICTLY CONFIDENTIAL - meaning the he can not speak to management about this without your consent.

I believe you are legally protected under the Family Medical Leave Act (FMLA). Go here to read up on it (i quickly looked it over)

http://employment.findlaw.com/family-medical-leave/fmla-notice-requirements-employee.html

I think the store manager actually is crossing the line of legality here. Enough said.

Good luck with both your surgery and fighting the ******* managers at your store. Keep us posted

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I am no longer part of the oppressed, evil workforce of Kroger!  Can you say "Hallelujah"  

Anonymous

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i just got off the phone w/ my union rep. he says i should work my regular schedule until i have the surgery on may 7th. i've filled out the necessary pprwrk in a timely manner and my rep says if he decides to terminate me, let him. he says we will fight. he says not for me to worry over it. haha. what happens when the union fights w/ kroger? who decides the ultimate outcome?. to answer a question from earlier, i've never missed a day of work w/out a doctor's note. this has been the 2nd time.



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The law normally wins. They can not fire you without a just cause. Having surgery and informing them well in advance is not a just cause. Stupid **** like this is why we have a union in the first place.

If they fire you and you win the case, which i have no doubt in my mind you will, they will be forced to give you back pay. It would be in their best interest to just not fire you.

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Would you like fries with th... I mean, your milk in a bag?

Anonymous

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well, i was scheduled to work last thursday 5pm-9pm. when i got there mngmt told me not to clock in and to go home. i immediately found my union rep and we filed a grievance form. according to the union book, "under article 10. WORKING CONDITIONS SECTION H. :All employees who are instructed to report for work shall be guaranteed at least 4 hours work." i had shown up in full uniform on time and was prepared to work my full shift. i had no idea that at some point earlier in the day they had already found someone else to work my shift. i filed my grievance under that article, and asked for my pay for that day on the form. my rep called me the next day and said it was mailed off. our general rep told me to show up on my next scheduled day (saturday) as if nothing happened. that's just what i did.  they let me clock in and work that night. guess they got the hint. i had my surgery yesterday (monday) and just a few minutes after arriving home, my area union rep called and said he got us a meeting this thursday. i hope it goes well. wish me luck! i'll let you guys know how it goes.



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Anonymous

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They did that to me also.  You need to get a clear note from your doctor of what you can do, then give a copy to the union and Kroger...If  they don't give you some hours, then get online and let the EEOC know.. You will get your job back, but kroger will try to get you to quit.



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