Why would an employer never give time off for VA Appointments or any appointments for that matter?

2016-04-18T01:35:02-04:00

I started to question the fact that they would not give me time off, and every so often I would have to listen to a wise crack about my having a prosthetic leg I told my supervisor but nothing was ever done. I had an impeccable work history with them, never written up since I started 4 yrs ago, awesome annual reviews. And Last week I was terminated. I just don't get it, has any one else had to deal with this and did you recover?? Yes I am taking this very hard, because I know my work ethic and being late or lazy does not exist. Thanks

Response by Capt Seid Waddell made Apr 18 at 2016 1:38 AM

2016-04-18T01:38:48-04:00

Did your employer give you a reason for the termination?

Response by SFC Carlos Gamino made Apr 18 at 2016 2:48 AM

2016-04-18T02:48:25-04:00

What company did you work for. I am assuming a small company. Many employers will give you the time off if you schedule sick leave ect.

Response by SFC Kenneth Hunnell made Apr 18 at 2016 8:04 AM

2016-04-18T08:04:26-04:00

In short, you have been considered a liability

Response by PO1 Private RallyPoint Member made Apr 18 at 2016 8:07 AM

2016-04-18T08:07:32-04:00

Where you are (state-side), are they an "at will" state? Meaning that they can fire you over anything and everything. I'm sorry that happened to you. Try to get some information on the situation; apply for unemployment while you continue to search (it's pulling money from the state/fed but it's helping you get some money in your pocket).

Good luck!

Response by CAPT Kevin B. made Apr 18 at 2016 11:01 AM

2016-04-18T11:01:54-04:00

"Late" is convenient. BTW not providing appropriate accommodation is typically a violation of ADA and comes under the purview of the EEOC. You probably don't want to work for this employer, but you can still file a complaint. Your state may not be worker friendly, but that doesn't matter at the Fed level.

Response by Cpl Chad Perry made Apr 18 at 2016 11:37 AM

2016-04-18T11:37:00-04:00

When I was a mechanic, I had several bosses that just didn't care about injuries or disabilities. Some of the crap I witnessed got dangerously close to violating labor laws like the ADA or the Rehabilitation Act. This one time I had a wrench slip which made me punch the engine block and I broke 2 fingers. When I asked my boss if I could go to the doctor he blew up. There was a huge tantrum and he threatened to fire me over lowered productivity from this injury. I ended up running across the street to a CVS where I bought some finger splints and tape, then I had to go right back to work. Now I work at the VA, and one of the few really positive things I've seen here is they have no problem giving people time off. I average about 2-3 half days off a month dealing with appointments for my s/c disabilities. As long as I have leave on the books, they don't care.

Response by SGT Jerrold Pesz made Apr 18 at 2016 1:06 PM

2016-04-18T13:06:48-04:00

This may sound hard hearted but an employee who misses work frequently is worthless to the company and can cause major problems for fellow employees. Unless your job is really not needed someone else has to cover your duties or some jobs don't get done. If your absence does not cause a problem they probably don't really need you to start with. Some large companies actually hire more people than they need because they expect people to be undependable. Smaller companies can't afford to do that so they ultimately have to replace you.

Response by SGT J M Porters made Apr 18 at 2016 11:21 PM

2016-04-18T23:21:07-04:00

First of all file for your unemployment. Look very close at the reason for termination. You can file with the department of Wage and Hour Division (WHD) - U.S. Department of Labor. Here is the link ....... http://www.dol.gov/whd/. Let me say this off the top. As an employee, you have to take care of your health. Your boss or company will not. They can not deny you a time off for doctor appointment be it VA or your local doctor. Just know its time to move on to something better. As a manager, I want me, people, to be health. It is my job to ensure that they receive the proper care. Which means I must have good insurance and If I can not provide them with it I must find a way to compensate them for their work.

Wage and Hour Division (WHD) - U.S. Department of Labor

The DOL Wage and Hour Division administers the wage, hour, and child labor provisions of the Fair Labor Standards Act, and programs covering government contracts, farm labor, family and medical leave, immigration, and polygraph testing.

Response by MAJ Raúl Rovira made Apr 19 at 2016 1:03 AM

2016-04-19T01:03:07-04:00

After I was hired, I had a sit down with the firm leadership and addressed some of the items that I already had commitments or requirements. I do not have vacation days because I am new therefore Leave Without Pay for the hours away is more than fair. We set mutual agreements and expectations. I kept the time away to a minimum. I do recognize that this will not happen at every company or employer.

Like SFC Kenneth Hunnell mentioned, you become a liability. There hard question to answer is where can you go where you become an Asset and bring value to the company.

Response by CSM Darieus ZaGara made Apr 19 at 2016 6:20 AM

2016-04-19T06:20:49-04:00

Civilian company's as well as the Federal government are compelled to higher former service members based on reported, discipline, work ethic, personal values and dedication among other things! They are looking for employees that are low maintenance and high performers. While you may have been a high performer, the man hours (dollars) lost effects the company's bottom line.

When next you compete for work you should ensure they have a decent sick leave plan, as long as you do not go over authorized hours it should be fine. If there is the odd occasion that you must seek care for specific reasons tied ti the VA then it would be incumbent on you to discretly seek the support of your leadership, this should be the exception not the rule.

Good Luck!

Response by SSG Jeremy Kohlwes made Apr 19 at 2016 4:35 PM

2016-04-19T16:35:36-04:00

That sounds like discrimination and is almost certainly a violation of the ADA laws. I would highly recommend talking to a JAG office or lawyer about what happened.

Response by SFC Carlos Gamino made Feb 13 at 2020 10:39 AM

2020-02-13T10:39:07-05:00

Schedule your appointments on your days off or schedule SL.