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      CommentAuthorsomeone
    • CommentTimeDec 11th 2008
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    Recently, we've had an employee at the store who had an emergency surgery and was forced to miss a week of work because of it. Problem was that even with the doctor's notification, they filled out a VQ for them which basically fired them. They were told that they could reapply and get rehired which is going through a snag because they are saying they cannot rehire them because of something in their file. Basically, what's happening.. if you get a major illness and miss 3 days, they will "VQ" you. Is this even legal? If it's illegal, what statues are available for protection... I was thinking the Family and Medical Leave Act or some other law in California. Also keep in mind that even if they get rehired, they lose their vacation benefits and basically have to start over..Hiya kids. Here is an important message from your Uncle Bill. Don't buy drugs. Become a pop star, and they give you them for free!
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      CommentAuthorAyaHu
    • CommentTimeDec 11th 2008
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    How long had he worked there?Superhero!
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      CommentAuthorasdf
    • CommentTimeDec 11th 2008
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    wtf. File a lawsuit and take the settlement.
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      CommentAuthorsomeone
    • CommentTimeDec 11th 2008
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    AyaHu: How long had he worked there?
     
     
    they were there longer than a year.Hiya kids. Here is an important message from your Uncle Bill. Don't buy drugs. Become a pop star, and they give you them for free!
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      CommentAuthorObiWan
    • CommentTimeDec 11th 2008
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    No...it isn't legal. Period. Contact the EEOC and state labor department.
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      CommentAuthoradmin
    • CommentTimeDec 12th 2008
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    Dam seems like some fucked up shit oh wait its Fry's it doesn't surprise me at all.Contact Me: admin@frysforum.com [FrysForum Administration Group]
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      CommentAuthorpixiegrl
    • CommentTimeDec 12th 2008
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    any business can do this IF YOU dont fill out a family leave act form!! but it is your job to get it and do it!! alot of people just dont do it!! When i ran my store we would have people miss work for days and if you dont fill out the proper paperwork we were forced to fired them due to unexcused absences. Heck one of the places I worked for out count it against you if the roads were CLOSED due to a blizzard!! it didnt matter if you were allowed to drive there !! if it wasnt called a state emergancy it was in your file and counted against you and once you had 3 of these strikes you were fired. Any call out that was less than 24 hours was a strike against your record.
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      CommentAuthorObiWan
    • CommentTimeDec 12th 2008
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    Actually, that's not correct. The person was out one week because of emergency surgery. FLA applies to a longer term situation and contemplates something pre-planned. Additionally, this is was emergency surgery, something out of their control. If someone doesn't show up for work, and doesn't bother to call in, that's a different situation (job abandonment). But, in a case like this, totally different.  
     
    And yes, I worked for a company that had the 3 absences and you're fired (or don't get a pay raise, or whatever). They had to stop that when an employee took legal action against them.  
     
    Fry's is SOL on this one. No surprise there.
  1.  permalink
    Haha, yes, this is legal, I know exactly who is posting this too. Kind of funny because this person had a heart attack with open heart surgery and was out for more than two weeks, that is not a leave, that is abandonment of job. The heart attack is not funny, but would you think Fry's would want to hire you back after your 3rd heart attack while being employed with them? Hell no, you are liability and if you had the heart attack while ON the job, holy crap they would be screwed. On top of that, why would they want someone back (knowing who the OP is), who cant work past 6pm, never closes, doesn't do schematics, doesn't TSR at all, and in general is a huge pain in the ass while being worked with? I find it kind of telling that you come in, BS with people and then come to a forum asking about legalities of being fired or VQ'ed?
  2.  permalink
    ObiWan: Actually, that's not correct. The person was out one week because of emergency surgery. FLA applies to a longer term situation and contemplates something pre-planned. Additionally, this is was emergency surgery, something out of their control. If someone doesn't show up for work, and doesn't bother to call in, that's a different situation (job abandonment). But, in a case like this, totally different.  
     
    And yes, I worked for a company that had the 3 absences and you're fired (or don't get a pay raise, or whatever). They had to stop that when an employee took legal action against them.  
     
    Fry's is SOL on this one. No surprise there.
     
     
    Um, Fry's can fire anyone they want for whatever reason they want, they (under CA law) don't even have to give a reason, they just have to pay for time worked and/or accumulated vacation pay. Emergency surgery or not, it is up to them whether or not they want to get rid of someone while they can. On the job abandonment note, you are right, this may or may not be abandonment, but still, even if there is missed work unexpectedly Fry's doesn't have to do anything, it is not their responsibility to accommodate unexpected illness. It sucks to lose your job, but hey, that is why we pay into disability and unemployment while we ARE working so we can benefit from them while we CAN NOT work.  
     
    Knowing the whole story from an inside perspective, I can see why they did not want to hire him back or why "the paperwork got screwed up", and knowing how dumb our store is, they will probably let him back no matter how much of a pain in the ass he is. He barely makes top 5 of all the store's salespeople every week, there is almost no good things about his availability, his work ethic, his honesty, or anything at all really.  
     
    I know this is a Fry's hate board and all, but fuck, lets not be internet lawyers here...there are a thousand ways Fry's could defend this out in the real world of laws...again, it sucks, but there is a whole big world out there...one full of jobs that arnt predominantly employed by college kids...
  3.  permalink
    Concord24BottomFeedr:
    ObiWan: Actually, that's not correct. The person was out one week because of emergency surgery. FLA applies to a longer term situation and contemplates something pre-planned. Additionally, this is was emergency surgery, something out of their control. If someone doesn't show up for work, and doesn't bother to call in, that's a different situation (job abandonment). But, in a case like this, totally different.  
     
    And yes, I worked for a company that had the 3 absences and you're fired (or don't get a pay raise, or whatever). They had to stop that when an employee took legal action against them.  
     
    Fry's is SOL on this one. No surprise there.
     
     
    Um, Fry's can fire anyone they want for whatever reason they want, they (under CA law) don't even have to give a reason, they just have to pay for time worked and/or accumulated vacation pay. Emergency surgery or not, it is up to them whether or not they want to get rid of someone while they can. On the job abandonment note, you are right, this may or may not be abandonment, but still, even if there is missed work unexpectedly Fry's doesn't have to do anything, it is not their responsibility to accommodate unexpected illness. It sucks to lose your job, but hey, that is why we pay into disability and unemployment while we ARE working so we can benefit from them while we CAN NOT work.  
     
    Knowing the whole story from an inside perspective, I can see why they did not want to hire him back or why "the paperwork got screwed up", and knowing how dumb our store is, they will probably let him back no matter how much of a pain in the ass he is. He barely makes top 5 of all the store's salespeople every week, there is almost no good things about his availability, his work ethic, his honesty, or anything at all really.  
     
    I know this is a Fry's hate board and all, but fuck, lets not be internet lawyers here...there are a thousand ways Fry's could defend this out in the real world of laws...again, it sucks, but there is a whole big world out there...one full of jobs that arnt predominantly employed by college kids...
     
     
    WHAT? Unemployment is paid through a payroll tax on the company's total payroll...the employee's don't pay it (drrrrr).
    •  
      CommentAuthorsomeone
    • CommentTimeDec 17th 2008
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    Concord24BottomFeedr: Haha, yes, this is legal, I know exactly who is posting this too. Kind of funny because this person had a heart attack with open heart surgery and was out for more than two weeks, that is not a leave, that is abandonment of job. The heart attack is not funny, but would you think Fry's would want to hire you back after your 3rd heart attack while being employed with them? Hell no, you are liability and if you had the heart attack while ON the job, holy crap they would be screwed. On top of that, why would they want someone back (knowing who the OP is), who cant work past 6pm, never closes, doesn't do schematics, doesn't TSR at all, and in general is a huge pain in the ass while being worked with? I find it kind of telling that you come in, BS with people and then come to a forum asking about legalities of being fired or VQ'ed?
     
     
     
     
    Nice way to assume there, sir.. But I can assure you that I am not the person you think I am. A) I never had a heart attack B) Don't even live anywhere near Concord or even close. C) I'm not even the person with the problem, but it's a different associate that I work(ed) with. I'm merely inquiring to see what their options may be.  
     
    But I believe you may have a few things off because even though in California you can fire anyone for any reason, I don't believe medical problems can be the cause of termination. There are a set of laws that cover this.. I just wasn't sure which ones are even applicable.  
     
    But anyways, they are trying to get their job back.. but her previous DM(she switch depts about a year ago) put something in her file to say she is not rehireable.. and I have a feeling I know why HE put that in her file.. Because she is pretty and she didn't let him have any.. He has a tendency of hiring "good looking" girls...Hiya kids. Here is an important message from your Uncle Bill. Don't buy drugs. Become a pop star, and they give you them for free!
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      CommentAuthorObiWan
    • CommentTimeDec 18th 2008
     permalink
    someone - tell your friend to check with an attorney. I still maintain that you (and I) are correct that firing someone because they had emergency surgery is against the labor code. If the facts are as you noted, a jury will easily rule in their favor, if Fry's lets it go that far. I'd also recommend that she find a job elsewhere. Fry's is a horrid employer.
  4.  permalink
    Concord24BottomFeedr: I know this is a Fry's hate board and all...
     
     
    Oh dang, I registered with the wrong forum haha. Anyhow, I believe we a sign a piece of paper at the beginning that says they can fire us for anything they want, and we agree to it if we want the job or something like that? That happened to me with one of my jobs... I was always very enthusiastic, prideful, and was one of the fastest- so fast, the other stores were calling her in trying to get me into their store (transfer.) One day, I showed up to work, and without reason, I no longer had a job. The best I could do was get unemployment, and even then, it took 3 weeks before I got the first half of the check- by then was already set up with a new job.  
     
    I don't hate that job just cause I got fired, but I never go to that store anymore... Just can't.  
     
    In my opinion, I think it's very generous that Fry's gives a VQ instead of obliterating your job experience like I had. I had to get hired to my next job without job experience, and start all over again...
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      CommentAuthorasdf
    • CommentTimeDec 18th 2008
     permalink
    Joshua:
    Concord24BottomFeedr: I know this is a Fry's hate board and all...
     
     
    Oh dang, I registered with the wrong forum haha. Anyhow, I believe we a sign a piece of paper at the beginning that says they can fire us for anything they want, and we agree to it if we want the job or something like that? That happened to me with one of my jobs... I was always very enthusiastic, prideful, and was one of the fastest- so fast, the other stores were calling her in trying to get me into their store (transfer.) One day, I showed up to work, and without reason, I no longer had a job. The best I could do was get unemployment, and even then, it took 3 weeks before I got the first half of the check- by then was already set up with a new job.  
     
    I don't hate that job just cause I got fired, but I never go to that store anymore... Just can't.  
     
    In my opinion, I think it's very generous that Fry's gives a VQ instead of obliterating your job experience like I had. I had to get hired to my next job without job experience, and start all over again...
     
     
    Arg that sucks. Your new boss can understand the situation and it's probably a good idea to be honest.
  5.  permalink
    Joshua:
    Concord24BottomFeedr: I know this is a Fry's hate board and all...
     
     
    Oh dang, I registered with the wrong forum haha. Anyhow, I believe we a sign a piece of paper at the beginning that says they can fire us for anything they want, and we agree to it if we want the job or something like that? That happened to me with one of my jobs... I was always very enthusiastic, prideful, and was one of the fastest- so fast, the other stores were calling her in trying to get me into their store (transfer.) One day, I showed up to work, and without reason, I no longer had a job. The best I could do was get unemployment, and even then, it took 3 weeks before I got the first half of the check- by then was already set up with a new job.  
     
    I don't hate that job just cause I got fired, but I never go to that store anymore... Just can't.  
     
    In my opinion, I think it's very generous that Fry's gives a VQ instead of obliterating your job experience like I had. I had to get hired to my next job without job experience, and start all over again...
     
     
    What company was that?
  6.  permalink
    meinside100:
    Concord24BottomFeedr:
    ObiWan: On the job abandonment note, you are right, this may or may not be abandonment, but still, even if there is missed work unexpectedly Fry's doesn't have to do anything, it is not their responsibility to accommodate unexpected illness. It sucks to lose your job, but hey, that is why we pay into disability and unemployment while we ARE working so we can benefit from them while we CAN NOT work.  
     
     
    WHAT? Unemployment is paid through a payroll tax on the company's total payroll...the employee's don't pay it (drrrrr).
     
     
    Ummmmmm....you DO pay into unemployment insurance the entire time you collect a paycheck, I don't know what planet you've worked on, but it is an insurance we do pay into and are able to collect when we get laid off, not fired or quit.  
     
    As for the OP claiming that this is not the person I am talking about, it is REALLY odd that this post would come up at the same exact time that this is happening at my store. In any case, being let go because you didn't show up to work because of a medical emergency is not Fry's fault, if you or "your friend" had any case at all, a lawyer would be on it - why come to a fry's forum to ask a bunch of people who don't know about this kind of law when ANY professional law office will take your call and advise/act for you if you have been done wrong? If they don't want to take your case, you don't have a strong one...plain and simple.
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      CommentAuthormeinside100
    • CommentTimeDec 18th 2008 edited
     permalink
    Concord24BottomFeedr:
    meinside100:
    Concord24BottomFeedr:
    ObiWan: On the job abandonment note, you are right, this may or may not be abandonment, but still, even if there is missed work unexpectedly Fry's doesn't have to do anything, it is not their responsibility to accommodate unexpected illness. It sucks to lose your job, but hey, that is why we pay into disability and unemployment while we ARE working so we can benefit from them while we CAN NOT work.  
     
     
    WHAT? Unemployment is paid through a payroll tax on the company's total payroll...the employee's don't pay it (drrrrr).
     
     
    Ummmmmm....you DO pay into unemployment insurance the entire time you collect a paycheck, I don't know what planet you've worked on, but it is an insurance we do pay into and are able to collect when we get laid off, not fired or quit.  
     
    As for the OP claiming that this is not the person I am talking about, it is REALLY odd that this post would come up at the same exact time that this is happening at my store. In any case, being let go because you didn't show up to work because of a medical emergency is not Fry's fault, if you or "your friend" had any case at all, a lawyer would be on it - why come to a fry's forum to ask a bunch of people who don't know about this kind of law when ANY professional law office will take your call and advise/act for you if you have been done wrong? If they don't want to take your case, you don't have a strong one...plain and simple.
     
     
    So do they do they take it out of social security tax, medicare, fed or state tax? ANSWER NONE...EMPLOYER PAYS IT THROUGH A TAX ON PAYROLL!!! So tell me Concord, what tax is it taken out of on my pay stub?  
     
    "Employers finance the UI program by tax contributions" That tax is usually 2% of total payroll. If a company's payroll is 30 million they pay 2% (most state's rate) of that into the unemployment insurance fund.  
     
    http://www.edd.ca.gov/Unemployment/
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      CommentAuthorAyaHu
    • CommentTimeDec 18th 2008
     permalink
    Joshua:
    Concord24BottomFeedr: I know this is a Fry's hate board and all...
     
     
    Oh dang, I registered with the wrong forum haha. Anyhow, I believe we a sign a piece of paper at the beginning that says they can fire us for anything they want, and we agree to it if we want the job or something like that? That happened to me with one of my jobs... I was always very enthusiastic, prideful, and was one of the fastest- so fast, the other stores were calling her in trying to get me into their store (transfer.) One day, I showed up to work, and without reason, I no longer had a job. The best I could do was get unemployment, and even then, it took 3 weeks before I got the first half of the check- by then was already set up with a new job.  
     
    I don't hate that job just cause I got fired, but I never go to that store anymore... Just can't.  
     
    In my opinion, I think it's very generous that Fry's gives a VQ instead of obliterating your job experience like I had. I had to get hired to my next job without job experience, and start all over again...
     
     
    Wait, why did you have to get hired at another job without job experience? Even if youve been fired you should be writing it on your resume. You dont have to have a reference from a company to put it on your resume. I mean, application, if thats what it is.Superhero!
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      CommentAuthorsomeone
    • CommentTimeDec 19th 2008
     permalink
    Concord24BottomFeedr:  
    Ummmmmm....you DO pay into unemployment insurance the entire time you collect a paycheck, I don't know what planet you've worked on, but it is an insurance we do pay into and are able to collect when we get laid off, not fired or quit.  
     
    As for the OP claiming that this is not the person I am talking about, it is REALLY odd that this post would come up at the same exact time that this is happening at my store. In any case, being let go because you didn't show up to work because of a medical emergency is not Fry's fault, if you or "your friend" had any case at all, a lawyer would be on it - why come to a fry's forum to ask a bunch of people who don't know about this kind of law when ANY professional law office will take your call and advise/act for you if you have been done wrong? If they don't want to take your case, you don't have a strong one...plain and simple.
     
     
    As far as it being odd to you...you do realize that there are a lot of people who work for fry's and at any time, 2 people can have emergency health issues at about the same time. BUt I think you need to step back before you start assuming about anyone. I'm only asked on this board about because a) I'm not going to an attornery to seek a case when it's not my case to begin with, though I did recommend for her to go see one.. b) I just wanted to see if anyone else had better knowledge about similar cases because I am too lazy to delve through Google to look for it.  
     
    Also, you need to keep in mind that not every runs straight to an attorney when something bad happens.. the people that normally do either have the weakest cases or just are setting up to get themselves rich by suing or they just want to get proper advice to their situation rather than getting opinions elsewhere first. And some people just let things go because they don't care and want to let it go.. Personally, I had this occured to me when I was younger and involved with a car accident.. I could have easily went to a lawyer and sued the other party.. But a) I was a minor and b) we didn't have a lot of money and time to waste on suing for what accounted to maybe $2500 in a lost car. They ended up suing me.. lol and of course one of the questions they tried to pull was "Why if you felt that you were not at fault, didn't you sue?" which got tossed during the deposition.. which anyways the whole thing never got passed the deposition.. It's a long story but anyways.. some people just don't sue when they could just because they don't care as much as other people in a sue-happy America.  
     
    and on a second note... I have been on this forum for awhile now. I just created a new account because I need to retire my old one because I felt it contained too much personal information that could be traced back to me. Which I would have denied anyways.. ;)Hiya kids. Here is an important message from your Uncle Bill. Don't buy drugs. Become a pop star, and they give you them for free!
  7.  permalink
    Totally off topic; Anyhow, if the person, yourself, and anybody else for that matter... chooses not to do anything about it... Then what's the point of bringing it up? Are you really that into drama, go watch One Tree Hill, it'll give you a kick.  
     
    If you work at Fry's, there's probably a big poster that has the Federal and California State Laws on the wall somewheres, ours is in the break room. Go take a look on it and see if you can find anything that will satisfy your needs of knowledge, I saw a few similar things on there- but once again, I'm pretty sure we sign a little piece of paper that says Fry's can get rid of us for just about anything they want. Of course, there are regulations to it, but most of the time, the companies will blame it on something else though it may be little (ie: This person has been over and short too many times, or this person complains too much at work, this person did not follow instructions)
  8.  permalink
    someone: Recently, we've had an employee at the store who had an emergency surgery and was forced to miss a week of work because of it. Problem was that even with the doctor's notification, they filled out a VQ for them which basically fired them. They were told that they could reapply and get rehired which is going through a snag because they are saying they cannot rehire them because of something in their file. Basically, what's happening.. if you get a major illness and miss 3 days, they will "VQ" you. Is this even legal? If it's illegal, what statues are available for protection... I was thinking the Family and Medical Leave Act or some other law in California. Also keep in mind that even if they get rehired, they lose their vacation benefits and basically have to start over..
     
     
    They cannot fire some in California for medical reason, your right with the whole Medical leave thing. But I'm not even sure about other states. But Fry's is shady like that. Example: Me, requested 2 weeks off for my mom so she could go house hunting. One week paid with vaca and the with RTOs and personals. Now it does say in the had book that a sup cannot have more then a week of not being at work or request more then 2 weeks. I did the basic 2 weeks and gave it to my manager a month and half before hand. My last day before I go on vaca the ASM tells me that I can't take my time off cause I went over the more then the week off by one day. She said "benefits" will vq me if I don't clock in after a week. That's BS cause benefits doesn't track stuff like that unless its been months. My previous managers had no problem with it when I did the same thing the year before. But at the new store I was at, they didn't give a crap about me. The fact is that your job is based on your relationship with management. You don't have that good relationship with them then they will find anything to make you quit. That's right to make you, they don't fire people unless its absolutly necessary cause they don't want to pay unemployment. Fucked up part they let the Sup 1 take more then a month of vaca when a sup is only allowed the minimum of 2. For that store I guess you need a lot of chap stick cause you have to kiss ass to make nice with the managers. Being a friendly person and hard worker is apparently not enough.
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      CommentAuthorLiana Mei
    • CommentTimeOct 19th 2010
     permalink
    They should sue, seriously. Fry's tried to fire me for missing work when I had a doctor's note, they claimed it was never faxed over and that I didn't call...total lies. I had my phone record and fax copy as proof plus the note itself. I came back on day four (as stated on the note) and they offered me a rehire which I took since I didn't have benefits at the time. They acted like they were doing me a huge favor which was bs since they never should have "fired" me in the first place.
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      CommentAuthorasdf
    • CommentTimeOct 20th 2010
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    I think management was trying to pull a fast one. Someone must hate you.
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      CommentAuthorLiana Mei
    • CommentTimeOct 20th 2010
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    asdf: I think management was trying to pull a fast one. Someone must hate you.
     
    Oh I know they hated me, lol. I have a chronic medical condition and on principle I refused to lie to get Fry's Cards. They even tried to give me a 5-day...emphasis on TRIED, past tense. It was funny, every time I turned around eyes would bug out because no one would believe I was back. I even had the store manager give me my till back in person in front of the entire department. Good stuff.