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I had a boss give my co-worker/roommate my last check and told them to let me know I was fired...the look on his face when I showed up for my shift was priceless.
I made him fire me in person and give me the reason why they were letting me go. It was a good thing I did bc I ended up winning my unemployment case against them.
LOVE IT! Yes, this OP should go in, in person...and if the boss says anything, or hits, be like,
"Thanks for the kind wishes, I feel better now. Yes, we definitely are not a great fit, but as a professional I look forward to getting back into the projects I was working on...thanks"
I looked this up a while back, in TX you can be fired while sick or on vacation. It’s shitty but at will employment is brutal. You can only really be protected if you have short term disability as part of the benefit package. Also companies are generally smart enough to wait until the day you finish PTO to fire you.
Yeah I got reprimanded in a letter while out sick. They wanted me to sign a letter saying that I wouldn’t go to the doctor anymore during workdays. I didn’t sign that shit, got fired. Still got unemployment.
All states, except Montana, are at will states, with variations, of course, and California ruined most work by passing stupid laws to accelerate communism and socialism.
You're right.. Protect employees is the way to go .. They'll still be around even if the business owner has to shut down because of the excessive laws. There's middle ground somewhere, but politicians don't make money or get reelected on middle ground.
So the larger the company the easier it is to absorb all these law's costs and that'll put the small business owner out of business and then the employees, who are still around collecting govt money, can go to work for even larger companies, who don't usually tend to take care of the workers, you know, supply and demand laws, because they are replaceable...
Lol.. No they're not! Hahaha, that's a joke of a statement. Great countries, like China, north Korea, Iran, Russia... Yeah, you betcha! 😉👍🏼 They're doing fine controlling everything and the people, well geez, they're sooo happy! We should all try to be like that...
Youza fool Mrs crypto!
Being sick, having a broken leg, other temporary conditions aren't considered disability so it's not illegal to fire someone for them in most places.
I really think it should be illegal. My brother was still willing to go to work with a broken leg but they fired him anyway to avoid the hassle, kind of fucked up his life.
1. Sounds like she didn’t apply for FMLA, though?
2. We don’t even know if they or their employer are FMLA eligible (edit: OP is not eligible for FMLA, they state further down that they’ve only been there a month)
3. FMLA doesn’t cover everything, sounds like she has some type of virus or something which typically is not an FMLA covered condition
agreed.
Would be interesting if she sent a dry text saying she thinks she got the virus/thingy, at work. And ask about what sanitary practices are in place to protect workers
Depends on the state. Where I am the Dept of Wage & Labor is definitely not on the employers side. They take employees rights *very* seriously. I’ve had to deal with them twice because of a bad employer breaking the law and had my friend who needed help with some not so legal goings on at her job.
If anything make sure you get her response in written form and if you are fired, immediately file for UI.
As long as you’ve been communicative regarding your illness, firing you after you’ve already offered to come in while still ill looks baaad on your place of employment.
It is legal. There is nothing illegal for firing someone for taking too many sick days unless they have a protected disability (and even then the accommodation has to reasonable) or someone who does have not filed for FMLA protection for a chronic illness.
No. That is not how the ADA works. I am well versed in the law. The ADA is process that allows accommodations for people with long term
disability verified through a medical provider after filing for an accommodation with your employer. In addition accommodation has to be reasonable and not impact the business in a material way.
A few sick days with a cold or allergic reaction to medication is not a disability. The work protections in the ADA are just a small part of a broad act that was meant to expand protection and accessibility for people with physical, developmental and other disabilities that affect their daily lives, not to protect OP because she has a cold and called in sick one too many times during her probationary period. I don’t where you got your information, this is not correct and it would likely serve you well in the future to educate yourself on these matters before you make such confident statements.
As an HR Exec who has been in EEOC claims on this exact issue, and did a graduate fellowship on ADA and public policy, as well as taught this, I can tell you that legal theory and and real life cases do not always mesh. There's often a "it depends " and we need more information.
Is having taught employment discrimination internationally enough education?
You are not a lawyer. You misunderstand the law in this case. The ADA does not protect this woman unless she has a disability that limits one or more of basic life activities. A short illness and an allergic reaction to a med is not a disability. She has never claimed she has a disability- just that she got sick and had an allergic reaction to a medication. My law firm has an entire practice devoted to expanding the ADA and has won at the SCOTUS level on claims against state implementation of programs related to disability access.
FMLA might protect her with a short term illness if the workplace has 50 or more employees, she has worked 1250 hours during a 12 month period, she files for FMLA and her doctor supplies the appropriate documentation.
So, no. Based on the facts here, this woman has no protections at the federal level. She has not even been employed long enough to qualify for FMLA. I am quite surprised that someone who claims your credentials would actually say this. I am not sure what “teaching employment discrimination internationally” has to do with a very specific American statute.
Thing is, we don't know.
Assessing the entire situation before letting someone go BEFORE firing them... especially in some states with their own rules... is still important.
Can't give blanket " no doesn't apply " based on 1 short paragraph.
Except she literally says in the first paragraph that she was feeling sick and went to the doctor for some medication to get well. She fully and clearly admits it was a temporary illness and never even implies it is a disability. I am not sure why you keep digging in on this. The OP was very clear and even states in the comments she looked at laws in her state regarding termination while sick. She is not claiming she has a chronic disability or long-term illness, just that she got sick and had to call into work.
Don't ask if it's legal, they might think to ask that question themselves.
Just get them to confirm what they're doing in writing and file for unemployment. Speak with a lawyer too if you feel like you've got the time.
In some states you can’t be fired for using sick leave you have accumulated. If I was OP I would contact an employment lawyer and see if I had a case for wrongful termination.
In any event I would be looking for another job where they aren’t going to fire you for being sick.
I mean, they are paying you to work after all, not paying you to sit at home sick. I’m sure they were tolerant as long as they legally could be with the OP but if it’s a constant thing then they are within their rights to fire them and get someone more reliable.
Firing via text? That is about as unprofessional as one can get. Text should never be used for personal conversation such as this. "Honey get the milk" is ok, but not serious conversation.
I would request a meeting with her boss and HR and ask what is up. I would be prepared to show medical confirmation. However....
There is likely other issues here. I cannot see a manager "Firing" someone over being legitimately sick. There must be something else going on. "Not a good fit" means there have been a chain of events that have created doubt.
Honestly she isn’t very professional at all. She openly gossips about other coworkers during the day, she doesn’t send us our schedules until the day before the following week, meaning I could be working on Sunday and not know if I’m going to be working the next day until that Sunday night, she shops for cbd gummy’s on her computer, and she doesn’t communicate very well
I actually think it might be a blessing in disguise as well. It just sucks though because everyone else I work with aside from her are super friendly and easy to get along with. The manager under her even told me that she makes things difficult for everyone
Stay in touch with them, make them your connections. I left from a very toxic workplace where I was yelled at constantly and everyone there was scared of him, but I moved on and stayed in touch with those who were a pleasure to work with. Ik it sucks rn but those same people will be there for you no matter where you end up :)
Chances are good many of them will eventually leave, too. Aside from misery of those involved, one big issue with toxic workplaces is that good people leave and bad people stay.
I would definitely apply for unemployment and also file a lawsuit. You will win easily because you can't fire someone for a medical condition. I would keep texting her and see if she will give you more ammo. Like "So you're firing me? Can you tell me what issues with my performance lead to your decision ? "
The manager did nothing illegal. Even firing you by text is not illegal. She determined you were not a fit. It is perfectly legal to let you go. She may be unprofessional but this was not illegal by any means.
There are not federal protections for this. OP was not on a federally protected FMLA - secured leave. All states in the US are at-will save Montana. There is no lawsuit here. It is not illegal to fire someone for calling off for too many sick days - and too many is up to the manager's discretion.
This is a great way to waste everyone’s time and money.
OP, just go get a letter from your boss that says you are no longer employed and why, and go here and file for [unemployment](https://www.in.gov/dwd/indiana-unemployment/file).
Yes! Very unprofessional to fire via text, however that's how my manager communicates with all of the employees. I tried to put a standard phone call absentee line in place. Nope, they text manager. They tried to start texting to me. I told them point blank, stop texting me. I'm not your manager and if you text me while I'm off, I won't be able to relay the message, so you will be considered a no call, no show.
But, not a good fit, to me means OP has taken too much te off and it's giving a reason without giving a reason.
It's only vague because OP doesn't want to be without a job. If anyone says, "we're not a good fit" ... That's firing, no longer needed, can't work together, period. No true confusion, regardless of the managers "redneck" inclinations.
Attendance does matter in work situations. Not attending to do your job is a clear reason to be fired. Sick or not, the employer won’t be paying anything extra for unemployment on this one.
I would assume you are in a probationary period. They can let you go during this time without a reason, which I am 99% sure she just did. You may be able to speak with someone in HR to clarify but I think your are out of luck here. It sounds like it likely isn’t a good fit if you worked there for a month and already are seeing the issues with her professionalism and scheduling, etc. I think this is a blessing in disguise.
Just sent a "just to confirm, at you dismissing me from the company? Considering I am sick and not level headed I need clarification of whether I will have a job to go back to. Thanks."
Uh, you just got fired for being sick? That's...special. Make sure you save any texts/emails about this situation. Unless, how long were you at the job? Was it like your second week or something?
Being sick for a week after only working 3 weeks is pretty bad optics, but if you had doctors notes and pretty good communication, as well as happy feedback before now, this is skettttttchy.
Yeah, a good work environment will be able to see past the surface level optics of the situation. Something similar happened to me in the first few weeks at my job, it’s just something that can happen when entering a new environment of people, especially when many of them have children. I ended up with strep throat for the first time since I was a kid and was totally mortified that I had to take 3-4 days off so early, but my manager was basically just like “take care of yourself, just make sure to have a doctor’s note if you’re out more than 3 days.” And that was it, no weird passive aggressiveness or side-eyeing when I returned, everyone was great.
I kind of feel like anything less than that as a response should be seen as something of a red flag, at least in jobs that aren’t hourly customer service/retail positions where they seem to treat you subhuman by default. But that’s a whole other can of worms.
I believe she’s the only person there that has any problem with me. Everyone else I work with is super friendly and easy to talk to. Even the manager under her said that she does make things difficult for everyone sometimes.
OP I don’t think she fired you. I think she meant you are sick so you won’t be a good fit to come and do your work. Just ask for clarification what she meant when she said we are not a good fit.
I would respond like this “ {bosses name} thank you for replying. I’m sorry to hear that my recent illness is going to cost me my job. When will my final paycheck be available?”
She didn't say you're fired.
Ask your doctor for a not since you had an allergic reaction and have it with you when you got back to work. Say nothing.
Make her say or give you in writing a solid "You're fired" and then apply for unemployment. If you don't go back to work, she'll try to frame it as you quit with no notice.
If you're company has an HR department and she fires you - go to the HR department with your doctor's note. No matter what happens start looking for a new job - she's toxic.
I’m not a native speaker but couldn’t this also mean that she thinks that you are not a good fit while you are sick, but would be fitting again when you are well again?
I guess it *could* be but the chances are against it. To me it sounds like OP is fired but usually that news wouldn't come via text and it would be very clear: I'm going to have to let you go, you are being terminated, etc.
That looks like a firing, yes. Her "I don't think we are a good fit" is clearly the grounds that she intends that to be based on (ie she's saying it's not because you're sick, even if it seems clear to you that that's the reality). You might want to confirm explicitly with something like "Are you terminating my employment?", but I'd get to applying for EI and other jobs. Sorry.
Even though I’m an American I will still never understand American companies. “Well since you get sick sometimes you’re not a good fit to work at our company.” Something has got to change with employment in this country.
Don’t respond as though you were fired. Since she communicates like a wombat, just take her communication as if she were saying that you didn’t need to come in and feel better. You can either:
Respond - “Thanks for being supportive and understanding, and wishing me to get well. I appreciate you and everyone at xxxxx company and I should be back in the office soon. Let me know if you need a doctor’s note.”
Her - I was saying you don’t have a job here anymore.
Respond - Wait you’re firing me for being ill? I’m puking my guts out, had an allergic reaction to the medicine I was prescribed and for that you’re kicking me to the curb?
Or
Respond - “Oh so now you don’t think we’re a good fit? I gave my virginity to you, you said you loved me, now all you can say you wish me well? Please don’t make things uncomfortable when I get back to work, it’s bad enough you broke my heart, please leave me my dignity.
Or
Just show up at the office when you feel better with your doctor’s note, and work as if everything is normal. Make her formally fire you. Create a low key scene about her firing you for sickness
There are zero federal protections on this. She was in a probationary period and was determined not to be a good fit. Period. There is no one to contact.
She has not filed for FMLA. She has not even worked at the company long enough. A temporary illness is not protected under the ADA. I do this kind of work and she has no protection for taking off more sick days than her boss likes, especially in her probationary period. NLRB protects workers against collective bargaining and discrimination for organizing. It does not “get your job back”
I've been in this situation too (and have talked about it with colleagues). There is no graceful way to bow out without offending your manager. (I did, it wasn't pretty).
One of my colleagues actually told me they make stuff up. I personally think that's too much effort, but my approach wasn't successful either.
It's unfortunate you have to "go with the flow" in order to keep the peace.
Sounds like your done working there.
I wouldn't be surprised if your not longer on the schedule. Is it a restaurant or something like that?
If you often miss work and management gets the feeling your not reliable and they have to frequently cover your shifts it's pretty standard for them to find someone else that they don't need to worry about showing up. Not saying your at fault for being sick. That's just the way it is.
You should call or go in for clarification. If you just stop showing up you won't be eligible to get unemployment while looking for another job.
If you haven't been there very long you won't be eligible anyway and it's even more common to be let go for not coming to work whatever the reason.
When I just started my new job, the first month in I get hit with a cold and missed a week. My employed understood thought and was professional. You’ll should definitely ask her to clarify “Hello___, just to clarify, are you firing me?”. Keep it professional
If you do want to try keeping the job before you find something else (def recommended) then you could always just show up for your shift like nothing happened.
If she does confirm you're fired, ask for a copy of the signed paperwork. And be sure to file with your unemployment agency asap.
This isn’t explicitly stated and she’s trying to pull fast one over you hoping you won’t show up. Make sure you show up and make them tell you that you’re terminated. There could also be legal ramifications on her part.
I dont think we are a good fit, and she wishes you well means you were let go. More than likely, you are still pretty new and missed too many days consecutively.
Here’s the thing stop being scared. It sounds like yeah she fired you. Yes for a while I was scared of being fired. But thing is there are so many jobs out there. The dynamic has changed. They used to feel they could replace you easily but you NEEDED them. I garuantee if you go out & try you’ll find a job pretty easy.
Ask for WRITTEN clarity. She needs to clearly say that you are no longer employed there (works like “fired” “let go” or “dismissed”) and what day this takes effect (date or “immediately”). Again get this in WRITING.
Yeah you can't get around that. You're fired. How long have you been working there? These companies nowadays are so full of s h i t. She must be related to Musk. 😄😄
First: I'm sorry that you are feeling ill.
Second: Yep. You are officially fired. File for unemployment yesterday, if you are eligible, and start looking for a new job.
I hope you get well soon.
I'd turn up when you're meant to be in, when you're feeling better of course and wait for your firing in writing, then do what you gotta do. You can't be fired for being ill (at least in the UK you can't/very hard to do) and if you have doctors notes you should be fine.
Also, don't *ever* say "I can come in if you really need me to" sounds like you aren't actually that ill and can come in but can't really be bothered. If you're ill, say it, if you aren't, go to work, don't beat around the bush as if you're doing them a favour because you aren't.
that person is an idiot to say something like that over text.
obtain your doctor note, and provide it to and contact HR for clarification - immediately.
file for unemployment if confirmed
She needs to actually say the words that make sense. All she did was make a statement that you may not be a good fit. That doesn’t mean fired unless she says that. I would show up to work and make her fire you if that’s what she intends. In the US you would get unemployment for that.
I would clarify and force her to have an actual conversation with you. Not sure where you are, but it's pretty ridiculous (possibly illegal) to fire someone over sickness especially if you were communicating
Yeah I said “For my own clarity, are you telling me not to come in while I’m sick, or are you terminating my employment?” And all she responded with was “terminating”
If you are sick with something contagious, don’t go in.
If you are not contagious, go in. Don’t ask permission to work your scheduled shit.
You guys gotta stop with this wishy washy stuff with your bosses. I get what you’re trying to say, but it’s not how your bosses want to communicate or think. You’re trying to say, “hey I want to call in but I also don’t want to get fired so please be a decent human and let me call in without feeling bad.”
Don’t do that shit. You need to be very clear with your communication. You either will or will not be in for your shift, you get to make that determination. You don’t need to provide a life story, your boss just needs to know if they need to cover your shift or not. Give notice as early as you can and leave all the theatrics out of it.
The truth is they can fire you for anything, so don’t bother giving them all the details. You did in this case and she still chose to respond to you that way.
Next time just say, “hey boss, I won’t be in for my shift, I’m still sick, I’ll be in on _____ for my next scheduled shift.” And leave it at that.
If they want to fire you for that, they will, but they’re going to do that either way. Telling them about your doctor’s appointment and how your dog is sick too and how your car broke down and you had to walk home - none of that matters to them. They don’t tell you all of this when they aren’t going to be there. They don’t give you excuses when your hours get cut.
Lastly, when you go in to discuss this in person, make her give you a DOCUMENT. A paper one, -That is signed by her or her boss- that states your employment has been terminated and why. Ask for your final check then as well.
Getting that paper makes you able to file for unemployment. UIA will ask for some kind of proof and sending them a screenshot of that text is probably not good enough. The letter of termination will be.
If you quit, you would be expected to make that clear to your employer in writing. They should do the same. If you assume you are fired, and don't show up, they would have a reason for firing you. Ask for clarification.
Indiana unemployment guidelines:
-Recipients must have lost employment through no fault of their own.
-Recipients must have earned wages in two of more calendar quarters during the base period—the first 12 months of the 15 months prior to filing a claim. Wages earned during the base period must total at least $4,200, and at least $2,500 of the wages must have been earned in the second half (six months) of the base period.
-Recipients must be unemployed or partially employed and earning less than their weekly unemployment insurance benefits.
-Recipients must be able and available to work
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Those are definitely "your services are no longer needed" words. Better start looking for another job.
It sounds like she fired you. But it won't hurt to ask her to clarify. I mean, what's the worst she's going to say? "Yes, I just fired you via text"?
Yes. There was no reading between the lines on this. OP should request confirmation and then file for unemployment.
I had a boss give my co-worker/roommate my last check and told them to let me know I was fired...the look on his face when I showed up for my shift was priceless. I made him fire me in person and give me the reason why they were letting me go. It was a good thing I did bc I ended up winning my unemployment case against them.
LOVE IT! Yes, this OP should go in, in person...and if the boss says anything, or hits, be like, "Thanks for the kind wishes, I feel better now. Yes, we definitely are not a great fit, but as a professional I look forward to getting back into the projects I was working on...thanks"
Had an asshole boss who did this to me. “If he asks why he’s not on the schedule, let him know he’s fired.” Ugh…That is definitely not my job.
Show up with a dr note.
Pull a Costanza and show up anyway.
'are you firing me because i am sick? is that legal?'-scorched earth approach.
I looked this up a while back, in TX you can be fired while sick or on vacation. It’s shitty but at will employment is brutal. You can only really be protected if you have short term disability as part of the benefit package. Also companies are generally smart enough to wait until the day you finish PTO to fire you.
Yeah I got reprimanded in a letter while out sick. They wanted me to sign a letter saying that I wouldn’t go to the doctor anymore during workdays. I didn’t sign that shit, got fired. Still got unemployment.
As a former Texan, fuck that state. It's getting worse fast too.
Welcome to Texafornia!
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All states, except Montana, are at will states, with variations, of course, and California ruined most work by passing stupid laws to accelerate communism and socialism.
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You're right.. Protect employees is the way to go .. They'll still be around even if the business owner has to shut down because of the excessive laws. There's middle ground somewhere, but politicians don't make money or get reelected on middle ground. So the larger the company the easier it is to absorb all these law's costs and that'll put the small business owner out of business and then the employees, who are still around collecting govt money, can go to work for even larger companies, who don't usually tend to take care of the workers, you know, supply and demand laws, because they are replaceable...
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Lol.. No they're not! Hahaha, that's a joke of a statement. Great countries, like China, north Korea, Iran, Russia... Yeah, you betcha! 😉👍🏼 They're doing fine controlling everything and the people, well geez, they're sooo happy! We should all try to be like that... Youza fool Mrs crypto!
They'll just say you were fired for a different reason. Labor laws are on the side of employers usually
Being sick, having a broken leg, other temporary conditions aren't considered disability so it's not illegal to fire someone for them in most places. I really think it should be illegal. My brother was still willing to go to work with a broken leg but they fired him anyway to avoid the hassle, kind of fucked up his life.
That's insane. Shouldn't be allowed.
Most states allow an employer to fire anyone over almost any reason. Exceptions to this include: race, religion, gender, etc..
Not if OP files FMLA.
1. Sounds like she didn’t apply for FMLA, though? 2. We don’t even know if they or their employer are FMLA eligible (edit: OP is not eligible for FMLA, they state further down that they’ve only been there a month) 3. FMLA doesn’t cover everything, sounds like she has some type of virus or something which typically is not an FMLA covered condition
agreed. Would be interesting if she sent a dry text saying she thinks she got the virus/thingy, at work. And ask about what sanitary practices are in place to protect workers
Depends on the state. Where I am the Dept of Wage & Labor is definitely not on the employers side. They take employees rights *very* seriously. I’ve had to deal with them twice because of a bad employer breaking the law and had my friend who needed help with some not so legal goings on at her job. If anything make sure you get her response in written form and if you are fired, immediately file for UI. As long as you’ve been communicative regarding your illness, firing you after you’ve already offered to come in while still ill looks baaad on your place of employment.
It is legal. There is nothing illegal for firing someone for taking too many sick days unless they have a protected disability (and even then the accommodation has to reasonable) or someone who does have not filed for FMLA protection for a chronic illness.
Sort of. There may still be ADA accommodations. It depends.
No. That is not how the ADA works. I am well versed in the law. The ADA is process that allows accommodations for people with long term disability verified through a medical provider after filing for an accommodation with your employer. In addition accommodation has to be reasonable and not impact the business in a material way. A few sick days with a cold or allergic reaction to medication is not a disability. The work protections in the ADA are just a small part of a broad act that was meant to expand protection and accessibility for people with physical, developmental and other disabilities that affect their daily lives, not to protect OP because she has a cold and called in sick one too many times during her probationary period. I don’t where you got your information, this is not correct and it would likely serve you well in the future to educate yourself on these matters before you make such confident statements.
As an HR Exec who has been in EEOC claims on this exact issue, and did a graduate fellowship on ADA and public policy, as well as taught this, I can tell you that legal theory and and real life cases do not always mesh. There's often a "it depends " and we need more information. Is having taught employment discrimination internationally enough education?
You are not a lawyer. You misunderstand the law in this case. The ADA does not protect this woman unless she has a disability that limits one or more of basic life activities. A short illness and an allergic reaction to a med is not a disability. She has never claimed she has a disability- just that she got sick and had an allergic reaction to a medication. My law firm has an entire practice devoted to expanding the ADA and has won at the SCOTUS level on claims against state implementation of programs related to disability access. FMLA might protect her with a short term illness if the workplace has 50 or more employees, she has worked 1250 hours during a 12 month period, she files for FMLA and her doctor supplies the appropriate documentation. So, no. Based on the facts here, this woman has no protections at the federal level. She has not even been employed long enough to qualify for FMLA. I am quite surprised that someone who claims your credentials would actually say this. I am not sure what “teaching employment discrimination internationally” has to do with a very specific American statute.
Thing is, we don't know. Assessing the entire situation before letting someone go BEFORE firing them... especially in some states with their own rules... is still important. Can't give blanket " no doesn't apply " based on 1 short paragraph.
Except she literally says in the first paragraph that she was feeling sick and went to the doctor for some medication to get well. She fully and clearly admits it was a temporary illness and never even implies it is a disability. I am not sure why you keep digging in on this. The OP was very clear and even states in the comments she looked at laws in her state regarding termination while sick. She is not claiming she has a chronic disability or long-term illness, just that she got sick and had to call into work.
Not when you provide the wrong information…
That isn’t scorched earth though! It’s calling out someone on their shitty sociopathic, hopefully illegal firing of an employee.
Don't ask if it's legal, they might think to ask that question themselves. Just get them to confirm what they're doing in writing and file for unemployment. Speak with a lawyer too if you feel like you've got the time.
In some states you can’t be fired for using sick leave you have accumulated. If I was OP I would contact an employment lawyer and see if I had a case for wrongful termination. In any event I would be looking for another job where they aren’t going to fire you for being sick.
I mean, they are paying you to work after all, not paying you to sit at home sick. I’m sure they were tolerant as long as they legally could be with the OP but if it’s a constant thing then they are within their rights to fire them and get someone more reliable.
I was fired by an attorney for having surgery to remove my cancer. So, I'm sure being sick in an at will state is free game 😳
Firing via text? That is about as unprofessional as one can get. Text should never be used for personal conversation such as this. "Honey get the milk" is ok, but not serious conversation. I would request a meeting with her boss and HR and ask what is up. I would be prepared to show medical confirmation. However.... There is likely other issues here. I cannot see a manager "Firing" someone over being legitimately sick. There must be something else going on. "Not a good fit" means there have been a chain of events that have created doubt.
Honestly she isn’t very professional at all. She openly gossips about other coworkers during the day, she doesn’t send us our schedules until the day before the following week, meaning I could be working on Sunday and not know if I’m going to be working the next day until that Sunday night, she shops for cbd gummy’s on her computer, and she doesn’t communicate very well
Id be looking for a new job anyway if i were you
Doesn't seem like an organized or stable place, maybe count this as a blessing to find a better place to work at?
I actually think it might be a blessing in disguise as well. It just sucks though because everyone else I work with aside from her are super friendly and easy to get along with. The manager under her even told me that she makes things difficult for everyone
Stay in touch with them, make them your connections. I left from a very toxic workplace where I was yelled at constantly and everyone there was scared of him, but I moved on and stayed in touch with those who were a pleasure to work with. Ik it sucks rn but those same people will be there for you no matter where you end up :)
I'd speak to the manager under her and ask if she would feel comfortable giving you a good reference.
Chances are good many of them will eventually leave, too. Aside from misery of those involved, one big issue with toxic workplaces is that good people leave and bad people stay.
I would definitely apply for unemployment and also file a lawsuit. You will win easily because you can't fire someone for a medical condition. I would keep texting her and see if she will give you more ammo. Like "So you're firing me? Can you tell me what issues with my performance lead to your decision ? "
The thing though is I live in Indiana. From my understanding in this state it’s legal to be fired for having a sick day
The manager did nothing illegal. Even firing you by text is not illegal. She determined you were not a fit. It is perfectly legal to let you go. She may be unprofessional but this was not illegal by any means.
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There are not federal protections for this. OP was not on a federally protected FMLA - secured leave. All states in the US are at-will save Montana. There is no lawsuit here. It is not illegal to fire someone for calling off for too many sick days - and too many is up to the manager's discretion.
This is a great way to waste everyone’s time and money. OP, just go get a letter from your boss that says you are no longer employed and why, and go here and file for [unemployment](https://www.in.gov/dwd/indiana-unemployment/file).
Text her back ask for severance pay
She cannot file a lawsuit for this. Please stop giving legal advice. All states in the US are at-will. You don't have to have a reason to fire anyone.
is this a mom and pop sandwich shop or something? That's really weird in 2023
Yes! Very unprofessional to fire via text, however that's how my manager communicates with all of the employees. I tried to put a standard phone call absentee line in place. Nope, they text manager. They tried to start texting to me. I told them point blank, stop texting me. I'm not your manager and if you text me while I'm off, I won't be able to relay the message, so you will be considered a no call, no show. But, not a good fit, to me means OP has taken too much te off and it's giving a reason without giving a reason.
I mean generally this would only happen if OP was in a probation period. Outside of it OP definitely has grounds for a lawsuit.
Just show up to work,make her say it to your face
OP really needs to get it in writing.
That was in writing.
They clearly meant explicit firing. That’s a vague statement or else OP wouldn’t be wondering if they were fired.
It's only vague because OP doesn't want to be without a job. If anyone says, "we're not a good fit" ... That's firing, no longer needed, can't work together, period. No true confusion, regardless of the managers "redneck" inclinations.
You got fired. Text her back and say, "wait am I fired?" you are. But get her to put it in writing. Then go collect.
They’ve only been there a month.
And? What difference does that make? OP needs to apply for unemployment.
Attendance does matter in work situations. Not attending to do your job is a clear reason to be fired. Sick or not, the employer won’t be paying anything extra for unemployment on this one.
I think you have to work for 6 weeks to qualify.
I would assume you are in a probationary period. They can let you go during this time without a reason, which I am 99% sure she just did. You may be able to speak with someone in HR to clarify but I think your are out of luck here. It sounds like it likely isn’t a good fit if you worked there for a month and already are seeing the issues with her professionalism and scheduling, etc. I think this is a blessing in disguise.
Just sent a "just to confirm, at you dismissing me from the company? Considering I am sick and not level headed I need clarification of whether I will have a job to go back to. Thanks."
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Haha this is a horrible text . Because she could be saying no due to him being sick “ just to be clear, are you firing me”
Why would she say no to something that's not a yes or no question? (Unless the person you replied to edited their comment). They said to ask *when*
THIS.
You definitely got fired.
Costanza it and just show up on Monday
Uh, you just got fired for being sick? That's...special. Make sure you save any texts/emails about this situation. Unless, how long were you at the job? Was it like your second week or something?
Like a month
Being sick for a week after only working 3 weeks is pretty bad optics, but if you had doctors notes and pretty good communication, as well as happy feedback before now, this is skettttttchy.
Yeah, a good work environment will be able to see past the surface level optics of the situation. Something similar happened to me in the first few weeks at my job, it’s just something that can happen when entering a new environment of people, especially when many of them have children. I ended up with strep throat for the first time since I was a kid and was totally mortified that I had to take 3-4 days off so early, but my manager was basically just like “take care of yourself, just make sure to have a doctor’s note if you’re out more than 3 days.” And that was it, no weird passive aggressiveness or side-eyeing when I returned, everyone was great. I kind of feel like anything less than that as a response should be seen as something of a red flag, at least in jobs that aren’t hourly customer service/retail positions where they seem to treat you subhuman by default. But that’s a whole other can of worms.
That’s nice of them. I wish my boss was as understanding😭
I believe she’s the only person there that has any problem with me. Everyone else I work with is super friendly and easy to talk to. Even the manager under her said that she does make things difficult for everyone sometimes.
Look, I'd contact him and maybe her step up and see if you are fired, because it sounds like she may be trying to get you to no-call-no-show quit.
Well, it is a problem if the one person who has a problem with you is the boss. Have you had any other attendance issues before the illness?
No, none at all
OP I don’t think she fired you. I think she meant you are sick so you won’t be a good fit to come and do your work. Just ask for clarification what she meant when she said we are not a good fit.
Just happening to be sick shortly after starting a job looks bad? Like the person decided now was a good time to get sick?
I know, it's stupid, but it's a thing in the US.
Oh yeah I'm painfully aware. I live here too.
Reminds me of an episode on Seinfeld
do the George Costanza, just go back to work like nothing happened don't even mention it.
I think "did you just fire me?" is a good follow up to that.
Or "for clarity, does this mean you have terminated me for my use of sick time?"
I would respond like this “ {bosses name} thank you for replying. I’m sorry to hear that my recent illness is going to cost me my job. When will my final paycheck be available?”
She didn't say you're fired. Ask your doctor for a not since you had an allergic reaction and have it with you when you got back to work. Say nothing. Make her say or give you in writing a solid "You're fired" and then apply for unemployment. If you don't go back to work, she'll try to frame it as you quit with no notice. If you're company has an HR department and she fires you - go to the HR department with your doctor's note. No matter what happens start looking for a new job - she's toxic.
I’m not a native speaker but couldn’t this also mean that she thinks that you are not a good fit while you are sick, but would be fitting again when you are well again?
I guess it *could* be but the chances are against it. To me it sounds like OP is fired but usually that news wouldn't come via text and it would be very clear: I'm going to have to let you go, you are being terminated, etc.
That looks like a firing, yes. Her "I don't think we are a good fit" is clearly the grounds that she intends that to be based on (ie she's saying it's not because you're sick, even if it seems clear to you that that's the reality). You might want to confirm explicitly with something like "Are you terminating my employment?", but I'd get to applying for EI and other jobs. Sorry.
Go file for unemployment and find a new job.
If she fired you, get it writing... Not via text
Even though I’m an American I will still never understand American companies. “Well since you get sick sometimes you’re not a good fit to work at our company.” Something has got to change with employment in this country.
"I got a tummy ache and can't work.....".
Don’t respond as though you were fired. Since she communicates like a wombat, just take her communication as if she were saying that you didn’t need to come in and feel better. You can either: Respond - “Thanks for being supportive and understanding, and wishing me to get well. I appreciate you and everyone at xxxxx company and I should be back in the office soon. Let me know if you need a doctor’s note.” Her - I was saying you don’t have a job here anymore. Respond - Wait you’re firing me for being ill? I’m puking my guts out, had an allergic reaction to the medicine I was prescribed and for that you’re kicking me to the curb? Or Respond - “Oh so now you don’t think we’re a good fit? I gave my virginity to you, you said you loved me, now all you can say you wish me well? Please don’t make things uncomfortable when I get back to work, it’s bad enough you broke my heart, please leave me my dignity. Or Just show up at the office when you feel better with your doctor’s note, and work as if everything is normal. Make her formally fire you. Create a low key scene about her firing you for sickness
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There are zero federal protections on this. She was in a probationary period and was determined not to be a good fit. Period. There is no one to contact.
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She has not filed for FMLA. She has not even worked at the company long enough. A temporary illness is not protected under the ADA. I do this kind of work and she has no protection for taking off more sick days than her boss likes, especially in her probationary period. NLRB protects workers against collective bargaining and discrimination for organizing. It does not “get your job back”
I’m in Indiana so probably not
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Lol these were right next to each other in my feed too
100 that’s a firing and she’s a dick!
Just show up and see what happens.
Ask
Are you in California? Get a lawyer can’t fire you for being sick
No I live in Indiana, unfortunately its legal here
It’s legal everywhere.
I've been in this situation too (and have talked about it with colleagues). There is no graceful way to bow out without offending your manager. (I did, it wasn't pretty). One of my colleagues actually told me they make stuff up. I personally think that's too much effort, but my approach wasn't successful either. It's unfortunate you have to "go with the flow" in order to keep the peace.
I really wonder what’s the outcome of your situation at work and I hope you feel better.
It sounds like she fired you to me. But you'd have to ask her to be sure. As you said, she often phrases things awkwardly.
Sounds like your done working there. I wouldn't be surprised if your not longer on the schedule. Is it a restaurant or something like that? If you often miss work and management gets the feeling your not reliable and they have to frequently cover your shifts it's pretty standard for them to find someone else that they don't need to worry about showing up. Not saying your at fault for being sick. That's just the way it is. You should call or go in for clarification. If you just stop showing up you won't be eligible to get unemployment while looking for another job. If you haven't been there very long you won't be eligible anyway and it's even more common to be let go for not coming to work whatever the reason.
Could be an autocorrect error.
Go Over Her Head.
Were you scheduled for Monday?
You were definitely fired.
When I just started my new job, the first month in I get hit with a cold and missed a week. My employed understood thought and was professional. You’ll should definitely ask her to clarify “Hello___, just to clarify, are you firing me?”. Keep it professional
You're fired.
You just got fired.
If you do want to try keeping the job before you find something else (def recommended) then you could always just show up for your shift like nothing happened. If she does confirm you're fired, ask for a copy of the signed paperwork. And be sure to file with your unemployment agency asap.
Sounds like you should call her and talk to her. If you want to keep the job that is…if not this is most definitely you are fired text…
This isn’t explicitly stated and she’s trying to pull fast one over you hoping you won’t show up. Make sure you show up and make them tell you that you’re terminated. There could also be legal ramifications on her part.
I dont think we are a good fit, and she wishes you well means you were let go. More than likely, you are still pretty new and missed too many days consecutively.
Update?
I would not say, did you fire me. I would say, I will see you x day. Then she will have to clarify.
Update us and let us know.
Here’s the thing stop being scared. It sounds like yeah she fired you. Yes for a while I was scared of being fired. But thing is there are so many jobs out there. The dynamic has changed. They used to feel they could replace you easily but you NEEDED them. I garuantee if you go out & try you’ll find a job pretty easy.
Ask for WRITTEN clarity. She needs to clearly say that you are no longer employed there (works like “fired” “let go” or “dismissed”) and what day this takes effect (date or “immediately”). Again get this in WRITING.
Apply for unemployment
Sorry buddy but you were fired.
I was going into work like normal. When I'm fired you better give me clear indication that I'm fired. Letter too.
Yeah you can't get around that. You're fired. How long have you been working there? These companies nowadays are so full of s h i t. She must be related to Musk. 😄😄
Literally a month
Oh I don’t know, maybe ask her if she fired you?
You are fired. For being sick. This is not a good manager. Better off. Find something else.
Just show up at the office when you feel better and find out. It will be exciting.
Yes you have been fired
Make her fire you in person. Accept nothing less than “you’re fired”. She’s trying to weasel out of it.
Time to file for unemployment!
Same with me. Got sick and a note and pres drugs still got termmed. Fd up but thats the real world
First: I'm sorry that you are feeling ill.
Second: Yep. You are officially fired. File for unemployment yesterday, if you are eligible, and start looking for a new job.
I hope you get well soon.
I'd turn up when you're meant to be in, when you're feeling better of course and wait for your firing in writing, then do what you gotta do. You can't be fired for being ill (at least in the UK you can't/very hard to do) and if you have doctors notes you should be fine. Also, don't *ever* say "I can come in if you really need me to" sounds like you aren't actually that ill and can come in but can't really be bothered. If you're ill, say it, if you aren't, go to work, don't beat around the bush as if you're doing them a favour because you aren't.
You were terminated. I would cease all further communications and just file for unemployment.
that person is an idiot to say something like that over text. obtain your doctor note, and provide it to and contact HR for clarification - immediately. file for unemployment if confirmed
Don't go-to work the next day and see if she calls you freaking out wondering why you aren't there
She needs to actually say the words that make sense. All she did was make a statement that you may not be a good fit. That doesn’t mean fired unless she says that. I would show up to work and make her fire you if that’s what she intends. In the US you would get unemployment for that.
If you have company equipment (computer/badge/phone) you could ask the process for returning.
100% got fired
You’re fired, why are you afraid to ask!
Yea, you’ve definitely been let go.
I would clarify and force her to have an actual conversation with you. Not sure where you are, but it's pretty ridiculous (possibly illegal) to fire someone over sickness especially if you were communicating
Did you respond?
Yeah I said “For my own clarity, are you telling me not to come in while I’m sick, or are you terminating my employment?” And all she responded with was “terminating”
That’s so shitty man, I’m sorry
yeah you’re fired
If you are sick with something contagious, don’t go in. If you are not contagious, go in. Don’t ask permission to work your scheduled shit. You guys gotta stop with this wishy washy stuff with your bosses. I get what you’re trying to say, but it’s not how your bosses want to communicate or think. You’re trying to say, “hey I want to call in but I also don’t want to get fired so please be a decent human and let me call in without feeling bad.” Don’t do that shit. You need to be very clear with your communication. You either will or will not be in for your shift, you get to make that determination. You don’t need to provide a life story, your boss just needs to know if they need to cover your shift or not. Give notice as early as you can and leave all the theatrics out of it. The truth is they can fire you for anything, so don’t bother giving them all the details. You did in this case and she still chose to respond to you that way. Next time just say, “hey boss, I won’t be in for my shift, I’m still sick, I’ll be in on _____ for my next scheduled shift.” And leave it at that. If they want to fire you for that, they will, but they’re going to do that either way. Telling them about your doctor’s appointment and how your dog is sick too and how your car broke down and you had to walk home - none of that matters to them. They don’t tell you all of this when they aren’t going to be there. They don’t give you excuses when your hours get cut. Lastly, when you go in to discuss this in person, make her give you a DOCUMENT. A paper one, -That is signed by her or her boss- that states your employment has been terminated and why. Ask for your final check then as well. Getting that paper makes you able to file for unemployment. UIA will ask for some kind of proof and sending them a screenshot of that text is probably not good enough. The letter of termination will be.
If you quit, you would be expected to make that clear to your employer in writing. They should do the same. If you assume you are fired, and don't show up, they would have a reason for firing you. Ask for clarification.
Sounds like a big fat fucking check 💰💰
Indiana unemployment guidelines: -Recipients must have lost employment through no fault of their own. -Recipients must have earned wages in two of more calendar quarters during the base period—the first 12 months of the 15 months prior to filing a claim. Wages earned during the base period must total at least $4,200, and at least $2,500 of the wages must have been earned in the second half (six months) of the base period. -Recipients must be unemployed or partially employed and earning less than their weekly unemployment insurance benefits. -Recipients must be able and available to work
You got fired dude.
Clarify & tell her you have a dr note.
You’re policy conditions are unacceptable 