Fired After Medical Go away – WSVN 7News | Miami Information, Climate, Sports activities
(WSVN) – He had to undergo emergency surgery and his company allowed him to take medical leave. When he came back, they fired him. Then he turned to Help Me Howard with Patrick Fraser.
Bring America up and put a smile on Leovel’s face.
Leovel Diaz had to have an operation: “I was raised by my grandparents, immigrants from Cuba, and we came here to lead a better life. This country has opened its doors to us, and we owe it to the country. “
And his grandparents taught Leovel that when that door opens, you have to work hard to get through.
Leovel Diaz: “I love to work. For me, everything revolves around the customer and makes sure that this customer is satisfied. “
But recently, Leovel’s doctors told him to focus on his health from his clients.
Leovel Diaz: “It’s actually a very complicated operation. You can die if your guts get tangled up, so it had to be done immediately. “
Leovel told the company that he would be unemployed for about a month after his surgery.
Leovel Diaz: “The HR department has given me permission to take sick leave. It was an unpaid sick leave. The company does not offer FMLA or short-term disabilities. “
The operation and recovery went well. Then, a few days before Leovel was due to go back to work, he saw an online ad.
Leovel Diaz: “I received a notification from Indeed about an open position and when I checked it was my position at the same company in the same store.”
Leovel hadn’t heard from his boss, so he assumed they were adding another employee. Then he returned to work.
Leovel Diaz: “I noticed my computer system, it is not working. My password does not work. “
You know what that means…
Leovel Diaz: “’Changes have been made. Your position has been closed. You are no longer necessary here. ‘”
Nice way to say you’re fired, but Leovel was a gentleman.
Leovel Diaz: “I shook her hand. ‘It was my pleasure’ and I went out. “
Being stylish didn’t mean Leovel wasn’t angry because he thought a medical vacation would protect an employee.
Leovel Diaz: “I’m upset because I’m following the process through to T. I would like to know if it’s legal. What if I can get fired just like that in the state of Florida after being on sick leave? “
The answer is your job, Howard.
Howard Finkelstein, Legal Expert at 7 News: “Family leave is forbidden from being terminated or downgraded on medical grounds, but there is a loophole in the law. While any government agency and public or private school must grant unpaid sick leave, a company that has fewer than 50 employees, such as Leovel’s company, does not need to grant this leave, and since Florida is a state with legal rights to work, Leovel can on the day of his return fired without giving a reason. “
We contacted the company Leovel worked for. They said they couldn’t discuss a personnel matter but said Leovel was not fired because he was on medical leave.
And good news for Leovel, but Howard has something to say first.
Howard Finkelstein: “If your employer grants sick leave, you must also qualify, the sick leave.”
Leovel Diaz: “I would like to know, definitely like to know what your real reason is.”
Leovel wishes the company that fired him had explained why. They never did, but he didn’t sit around complaining.
He quickly found a new job, a better job.
Leovel Diaz: “Super happy that I got a new job. It’s a family oriented place. I am respected. I am appreciated. “
Often you hear that things are turning out for the better. They did it for Leovel.
And why is there a loophole in the law? Because Congress thought that large companies and governments could do without an employee for a month or two, but it would be too hard for a small company to lose an employee, politicians gave them the right to replace the employee if they did are due to illness.
Tired of dealing with a problem? Ready to leave it behind? We’re not doctors, but we can stitch a solution together.
CONTACT HELP ME WIEARD:
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Reporter: Patrick Fraser at [email protected]
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