I Got Fired While Being In Recovery For Surgery
Location: Arizona. I’ve worked at the same call center for close to a year now. Recently, on the 20th of October I had left work early after sending my coach (who was off that day) a message regarding my health and reasons for leaving early. I suspected it to be appendicitis which upon going to the emergency room, was the case, and I was able to get it operated on same evening. I stayed overnight at the hospital to be observed. Following this, on the 21st my coach texted me for an update to which I let him know what had happened and that I would be out of work for at least a week, possibly 2 depending on what is said at my follow up appointment. After this, he sent me a number for HR and told me to call in siting hospitalization as the reason which I did. After contacting HR I was advised that I did not need to call in each individual day and that I just needed to get some forms back to them by November the 6th. Afterwards they’d sent me an email with the forms which I didn’t read through completely ever since I was medicated and in pain and then on the 24th, got a call from HR. I missed it but called them back and they were asking what had happened and why I wasn’t going to work? I informed them again at which point I was then told that I need to call in everyday until I have the doctor’s note. Cool. Monday the 27th at around 2:30am I woke up due to pain, and was like eh might as well call them and update them again that I can’t work for at least a week due to recovery. I did so great, the 28th I have my appointment and I’m told I can go back to work the 3rd of November which I sent them. They said they needed my doctors office to fill out a form and return it for them to accepted so I sent it to the office and awaited their response. The 29th id put in a request off for several weeks prior which got approved, which at that point in time I grew EXTREMELY ill. I could not expose myself to light without feeling extremely nauseous and dizzy and slept for the better part of 72 hours from the 30th, to the first of November around 8pm. At that point I checked my email to see if anything has happened at which point I see that my job without having made any attempt to contact me, counted the 28th, 29th, and 30th as well as the 22nd, 23rd and 24th from the previous week as no call no shows, and that I would be terminated as well as saying I had 48 hours to respond if anything happened that prevented me from calling in. Despite having been in contact with them about not being able to work for that whole timeframe they said that they accepted my absence as my resignation despite my communicating about when I would be able to return to work. TL;DR I told HR I wouldn’t be able to work due to an emergency surgery and recovery period and they ended up processing my termination paperwork prior to the November 6th deadline for the leave of absence form they requested. Is this unlawful or were they within their rights?
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