Yes, while on sick leave for back pain I went to a bar close to my place of work, after 2.5 weeks on my back and drank ONE beer. My boss has fired me! He says I should not have been “partying” close to my work place because it sets a bad example to the staff. He said I should have chosen somewhere further away from my work place. Only one member of staff frequents that bar - I would have more chance of being seen by staff members somewhere else, I didn’t think I needed to hide. My doctor says it was fine to do. I couldn’t sit down in the bar, only stand because of the pain, but I felt much better afterwards having rejoined the land of the living for a couple of hours, having a laugh and a joke and a beer. My mum is Irish and alcohol - especially whiskey has always been used in our family for medicinal purposes - probably since time began. I found it to have a numbing effect on the muscle spasms. What’s annoying is that my boss is a binge drinker who delayed recovering from severe burns by going out and getting hammered, which resulted in his legs swelling up and him being unable to come to work - but hey - he owns the business. There are NO alcoholics in my family, and no teetotallers either. Who thinks that I’m justified in seeking to improve my condition with 2 hours of social interaction and one beer, and who thinks I’m not?
It seems pretty unreasonable to me. Either he’s equating your one beer with his excessive consumption of alcohol, or he sees it as some kind of evidence that your back pain isn’t real. But exactly what you can do about it is going to depend on where you live.
Thanks Giles, the Labour Department where I live say this is not grounds for dismissal so he will have to pay me compensation - or give me my job back which I don’t want - it’s a very small company. My boss argued with the Labour Commissioner (I was with the LC while he was on the phone to the boss - but I could only hear the LC) who had to remind the boss that I didn’t write the sick notes myself and that he should respect the decisions of the professionals - so yes Giles I think you’re right it must be that he doesn’t think I’m injured. I’m in a really bad way with the pain and wonder when I will be able to work again. I injured it on the job lifting 33lb cases of chicken although it was a round of parmasan that was the straw that broke my back.
NOt really a General Question.
Opinions can be found in IMHO.
Moved. samclem
Wow, that’s messed up in a major way.
What you do when you’re not at work, even on sick leave, isn’t really their business. That’s not a law, that’s just an opinion of mine. I keep work and home strictly separated because I’d go nuts otherwise.
He’s going to have to pay you compensation, you bet your ass. Labor comissioners don’t take that shit lightly.
~Tasha
Thanks and sorry - I wasn’t sure where to post it.
If someone is letting you go on so thin a pretext, it suggests there might be a bit of history between you and your employer we aren’t being made privvy to in the context of your example.
I almost never say this, but maybe you should find a lawyer who specializes in labor law. It sounds like you were fired without fair reason.
It should not even matter is you were or were not justified in grabbing a beer or four at a bar.
Good Luck,
Jim
He has other gripes he listed in his letter of termination, but the Labour people said this is the only one with any grounds at all. Should I post the entire letter here (removing names etc).
The thing is I have hurt my back so I went back to work knowing I would have to discuss my duties since I could no longer lift stuff, and that possibly I wouldn’t be able to work for him anymore because the job involves lifting. No chance for discussion - his first move was to give me the letter of termination.
But my question is still about going out and having a beer while on sick leave with bad back.
Was this during business hours? And was it paid sick leave? Because if I was paying an employee to stay home because he was in too much pain to go to work, and then saw him in a bar instead, I wouldn’t be too impressed. How did the boss even know you were at the bar? You say you only had one beer, and that’s fine, but I don’t really think that’s the issue. The issue (for your boss) is probably that if you are well enough to go the the bar, you’re well enough to go to work. And if other employees get the message that it’s okay to take sick leave then be seen about town drinking, that isn’t going to improve office productivity. I’m glad it made you feel better, but you really probably should have gone somewhere your boss/coworkers wouldn’t see you.
As long as you’re not working.
I had to take some sick leave for back surgery a few years ago (not workman’s comp) and my supervisor simply couldn’t comprehend that my release date from the doctor didn’t fit his schedule for my recovery. I went for a check-up, doctor said I’d be released August 16. I told my supervisor this. He insisted I call in every week with an update. “This is Duke, I’ll be released August 16th”. Same call, every week. August 16th didn’t magically come any sooner. So he comes by my house, to make sure I haven’t taken another job (I was on 60% salary while off). Nope, not working, nope, not August 16th yet.
We didn’t get along anyway, but this drove him nuts. Luckily, his boss (the owner) and I were good buds.
I am an HR person, but in the US. The legal issues will vary by country, and by state within the US. I get the sense you’re not in the US, so I don’t have much to offer re: your particular situation. In the US, law varies from state to state regarding firing someone for legal activity outside of work. Anywhere in the US, an employer is running a legal risk if they fire someone in a way that appears retaliatory for taking leave and Workers Compensation for a work-related injury. It sounds like your Labour Commission is a good place to start, and maybe an attorney/solicitor/lawyer.
I had a messed up back for a week and on friday night I drank a iix pack. My muscles stoped spassing long enough to allow some resst and the next day the back was fine. It sounds more like a boss that pissed because you missed work, and had problems getting the work done. You put yourself on the spot when you went out to the bar. Bad judgement on that, now you have to prove you weren’t faking.
Renee “well enough to go the the bar, you’re well enough to go to work”
Does this really make sense? This is the whole issue. I was well enough after two weeks to be driven to a bar, have a drink and be driven back to my home. Not recovered enough to even drive my own car. I am well enough to be driven to work and stand there for about an hour, then I’d have to go and lie down. I could sit at the computer for about an hour tops as the pain mounts.
Considering his job seems to involve heavy lifting, no, it’s not “you’re too sick to drink a beer.”
Well there is some sense that if you are well enough to go to a bar, you might be expected to do non-lifting work at work. Also if he was at the bar during what would otherwise be normal working hours that would seem even worse. Still it seems unreasonable for the boss to have done what he/she did on those grounds alone.
What country or state were you working in Barn Boo Gut ?
This answered the question for me. You didn’t get fired for drinking. You got fired for drinking at the wrong place? This makes absolutely no sense.
I just don’t get the reason for it not to be ok. I was glad to be back on my feet, be it only for a few hours. I was thinking along the lines of - hey good to see you up and about, hope you’ll be able to come back to work soon - why was it wrong? I went to the supermarket, I went swimming - should I have been hiding?
I live in the Caribbean we have very strong labour laws. I work at a restaurant - opening from 7:30am - 10:30 at night. It was about 10pm. Why does the time matter? Why during working hours or not? Here the employer pays for your first 12 days sick, then the social pay you 40% and your boss can pay you 60% - optional - no one does it anymore, so it’s not costing him anything now money wise. I hurt my back on the job - the doctor says get a lawyer - well I’ve never needed a lawyer before - do people really have to do this?
My husband is a government employee. If he is on sick leave, he may go to the doctor’s office or the pharmacy. Period. Some leave policies are very strict. Did your place of employment have a written policy?
This is what I don’t understand - if he’s well enough to go to the pharmacy - he’s well enough etc etc - I just don’t understand why these restrictions are placed on someone who’s sick - you become a prisoner… what’s the point? You’ll heal better if cut off from society? Are people allowed to visit you?