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Resilient_24 · Feb 24, 2014, 11:51 PM

I'm currently employed at Jack in the Box in Texas. The environment is chaotic, unorganized, stressful and displeasing. A many of scenarios have played out in front of customers that should have never transpired (having previous customer service experience). I guess the real question is why do I still work there? Simple, gas prices and distance to city limits. I have slight scoliosis and have been experiencing severe back pain. I was already in the process of testing (labs, x-rays, office visits, etc.. ) before I started working for the company. Lately, as I've been attending all my appointments, I've been taken off schedule numerous times just for doing so as if I'm being punished. Despite the fact that I have presented a work release with a description of what I am going through, I have to continuously beg for hours which in my opinion is ridiculous. The same happened when I had a death in the family. I was accused of lying and taken off schedule for 3 weeks. I have a feeling the supervisor is going to retaliate for her own selfish reasons. I say that because the environment consists of many personal feelings or I should say mess which I do not indulge in because we are in a place of business and personal business and relations should stay at home. I would like to know how do I go about handling the situation as far as missing out on money due to my medical condition? Is there any legal action I can take if I am terminated because of it??

Fr_Chuck · Feb 25, 2014, 12:06 AM

If you are missing a lot of work, you can be fired, nothing wrongful about that.

And if you are not dependable, and sick a lot, they can give you less hours,

If you need weeks off at a time, and have worked long enogh to qualify there is federal non paid leave.

But just taking a sick day here, a sick day there, of course they can fire you for that.

Resilient_24 · Feb 25, 2014, 12:21 AM

Thank you for your response. The problem is I'm not missing work willingly. I've been taken off schedule as punishment due to ill feelings given by the supervisor. I've even tried to come 20min late to prove that I'm in no way taking advantage only to be presented with a blank schedule. I have already talked with her supervisor who said she hadn't approved of her to keep doing so to me.

smoothy · Feb 25, 2014, 04:22 AM

Doesn't matter... the employer has the expectation you will be there... why you aren't there is immaterial. Your not being there causes them a hardship and puts an extra burden on everyone else.

Unless you have a Union Contract... then you are an at will employee. They can simply fire you without needing a reason.

Also... because of any medical disability... they are only required to make "reasonable accommodations". You aren't the one that gets to define reasonable. Taking excessive time off work is not reasonable. Making anyone else carry a larger burden of the work that you are long term doing is also not required under the ADA law. It doesn't cover nearly as much as people tend to believe it does. They are being nice simply reducing your hours since you have shown you aren't able to work a larger schedule and they are covering their needs by giving more to people that can. They could have fired you for excessive tardiness. Beyond what is covered in the FMLA (which you have to qualify for in advance and can't take a day here and a day there), employers aren't required to give you ANY unpaid time off.

If you doubt me on that...hire a lawyer. They will tell you that as well.

Fr_Chuck · Feb 25, 2014, 05:21 AM

Your words " Lately, as I've been attending all my appointments, I've been taken off schedule numerous times just for doing so"

You are missing work, for doctor appointments and medical tests and perhaps treatments.

Because of the doctors appointments and missing work, they are giving you less hours at work, or not letting you work at all.

Yes, they may do that, even fire you for missing work to go to a doctor if you miss too much

J_9 · Feb 25, 2014, 07:43 AM

It doesn't matter that you aren't taking off willingly, that you are taking off work. They need people they can rely on and who will be at work as scheduled.

With your apparent work history with this company there is no action you can take if terminated.

I've even tried to come 20min late

coming in 20 minutes late is only going to hurt you, not help you.