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Old 02-23-2006, 12:29 AM
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Join Date: Feb 2006
Posts: 1
Unhappy Is this a no call or was I fired?

I live and worked in Las Vegas, Nevada. I was hired in 1995. As of 1-16-2006, a corporation bought out and took over my company. Everything stayed the same except our owners and in my case, direct manager. On Thursday Jan. 19th, 2006(orientation day) I contacted my new manager(who I've known and worked for the same company as since 1995)by text message and told her I needed to talk to her. She and I communicated back and forth by text and e-mail trying to set up a time for me to give her a letter in which I would ask her for a Leave of absence. She and I kept in contact, and obviously she was ok with me not being at work on Thurs. or Fri. because we kept in contact both days. On Fri. the 20th I left her the letter in a designated location. The letter included some personal information about me which resulted in the written request for my leave of absence. I had been friends with the manager and said that I hoped to be granted this time off so I could take care of medical(self help) issues that were more than I wanted to admit face to face. I hadn't lessened my quality of work performance ever, and I wasn't unable to work, but needed this time to take care of psychological matters. I never got a response from her on Friday afternoon. I, later that evening, called the place I worked to see if our paychecks had arrived and the salesperson working at night(who is now another store manager) told me that my direct manager had called the store and said that if I stopped by to pick up my check that I wasn't allowed behind the counter and that I no longer worked there. No, I didn't call my manager that night, nor did I until the following Friday. I was hurt, embarrassed that I shared personal situations I was dealing with, and was expecting a response from her. The letter I wrote said I was asking for this LOA, needed it, was sorry it was so sudden, wasn't quitting, and that I'd be anxiously waiting for her permission or not. Instead, I was not granted a LOA, not asked for a medical note saying this LOA was necessary, or anything. Not even a denial for the LOA. I feel this was wrong because everyone who puts in so much time is allowed under the FMLA time off as long as it is possible for the store to still operate. Also, people who had personal medical problems are allowed privacy, and allowed time off to attend self help classes as long as they are not performing poorly at work or do not deserve to have their job taken away. Isn't it discrimination to fire someone based on a disability(personal medical problem-ADA)? Also, isn't it the employer's responsibility to request a written doctors note if the employee asks for time off when the request is sudden, unforeseeable, and not at a good time for the company. My employer wrote down in my file that I was a no call/no show. This has made it where I can't even get unemployment. I was not a no call, and I have kept the letter I gave her as well of proof of all e-mails and times when we texted back and forth on Thurs. and Fri. Do I have any rights here? I feel helpless now.

Last edited by ybettm93 : 02-23-2006 at 12:34 AM. Reason: eliminate excess information
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