08-14-2010             10-6 Deli Bakery Assistant Shift

I came in five minutes early. I was not feeling well. Head hurt, stomach hurt, nose hurt, throat hurt, body ached, eyes hurt and were watering. I got to the Deli Department did not see the head of the department, Kathie anywhere. Some people asked me what was wrong and I told them. They told me I should not have came in. at 10:30 Veda, a 3rd level manager came into the deli to check our logs. I told her I wasn not feeling well and I was not sure how long of my shift I was going to be able to stay. She shrugged her shoulder, did her roll of the eye ball thing, and said “Well, try your best.” and walked away.

All day long I kept having to go to the bathroom, blow my nose, caugh uncontrollably and sneeze. I had told Kathie that I wasnt sure how long I was going to be able to stay because I was really sick. I was having difficulties breathing. She said “Well try your best.” So, I went through the 8 hour shift trying my best.

Second trip to the bathroom, I came out seeing Charolate DeAndrea, the General manager of the store. She told me I did not look well what was wrong I told her that I was sick and I didn’t know how long I was going to be able to stay my shift. I was getting hot and cold flashes by this time and i felt as if I was wasting Kroger time anyways with all the trips to the bathroom, caughing fits, and blowing my nose every 30 minutes. Besides, if i was a customer seeing this behind a food service counter, i would be complaining. “well try your best to get through it.” She said then walked away.

at about 3 o clock I went to the office to get a hot cup of water to make tea. I had to try to calm down my throat or i was going to loose my voice so I made a cup of tea, carried it with me to the pizza stand to check the pizzas and to see if it needed filled. As I was checking it the other manager Jennifer Foster came around the corner. Asked I was feeling. I told her I wasn’t feeling well and I wasn’t sure how long I was going to be able to stay my shift. Now, this manager is always telling people that come up to her when they say they are not feeling well to go home. Right away. Not questions asked. To me she says “If you can not you come to me and let me know.” I returned to the deli/bakery.

I took my last break witch is ment to be 15 minutes long. But ofcourse being sick and weak I fell asleep and was 15 minutes late clocking in. On other days that i have accidently done this nothing has ever happened to me. No office, no warning nothing.

 Kathie left at 5pm. I only had an hour to go but all I was doing was sneezing, caughing, and blowing my nose and it was raining outside so the cold/warm did not help me at all. One of my co workers told me I should go home. I nodded my head, told everyone I was going to tell Jennifer that I was leaving. The co worker came with me, however will not come forward because she thinks she will loose her job (witch with all the back stabbing management in Kroger company I don’t blame her) so we went to the front of the store there I found Jennifer at the U scans.

The convo procceeded like this:
“Hey Jennifer.”
“Hey ladies what’s up.” Jennifer says while she is cleaning off one of the u scans.
“I am going to go a head and leave. I am feeling really sick.” I say as I sneeze and cover my nose.
“Oh you ladies have a great evening then.” She said as she turned away from me.
“I am taking nyquill and going to sleep!” I told her. The co worker and I clocked out around 5:30ish.

I went home not thinking anything was wrong.

08-15-2010         11-7 shift  Deli/bakery assistant

I came in feeling a little better but still weak. I was only there for maybe an hour and I went to fix our temp logs because while i was on vacation no one was keeping them in an orderly fasion. I went into the office and saw my clock ins and outs for the following day. I wrote a message on the sheet explaining that everyone knew I wasn’t feeling well and that I did leave early but told someone I was leaving. An hour after that  iwas pulled into the office with a union rep. I was put under suspended under investigation. I got union involved. They said it was bull shit. But since I don’t have a wittness because she chickened out on me (Great friend right!) there was a slim chanse I could win. Well, I told him about the cameras.I have not heard anything back from that!

However, the next week I got a termination letter in the mail stating  I was terminated 8-15-2010. The day I was put “under investigation” According to the manuals ther is a 4 step proccess that must take place. Since I  did nothing wrong I should not have been fired.

I got a praposal from Kroger a month later. They said 8.50 an hour (Witch is alot less then my normal 16.05 and hour!), new store that i really really hate, I loose my sinority, and my insurance goes down. I refused their offer because by law I heard that the company had to pay you the same ammount and same possition that you left in.

Now, I am looking for comments or even advice from lawyors.
I think the did it because I went on sick leave may 2010 the whole month to get my thyroid removed. I had cancer. I went back june 1 2010. After I got back they treated me worce then before. The management of this store knew my condition. My medical papers were all handed in to them. I was told wrong about FMLA. I think this is a case of Health Discrimination.