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  1. #1

    Default Fired Without Explanation While On Intermittent FMLA Leave

    My question involves labor and employment law for the state of: Washington

    I was let go from this company after 5 years of service. When termination was administered I was covered by FMLA and intermittent leave for my chronic condition. I was let for for absences, hence FMLA Intermittent leave. I was not given any direction of what to do next or provided with documentation of termination. What are my rights and what can I do?

  2. #2
    Join Date
    Jan 2006
    Posts
    27,313

    Default Re: Can I Sue for Wrongful Termination

    first, just to be sure, you did qualify for FMLA (worked for the employer a minimum of 12 months and worked at least 1750 hours in the prior 12 months) and had not exhausted the limited time allotted to FMLA leave (12 weeks in a 12 month period) , and the condition did qualify, correct? and the employer fell within the law requiring them to allow FMLA leave (50 employees within a 75 mile radius), correct


    did you have other non-FMLA absences? Would those alone have been adequate per any rule to terminate you?

    If you believe the law has been violated, you need to file a complaint with the federal department of labor.


    Near the bottom of this link is their contact info:


    http://www.dol.gov/compliance/laws/comp-fmla.htm

  3. #3

    Default Re: Can I Sue for Wrongful Termination

    Thanks, yes all of which do apply. I did have some non-FMLA absences all of which were sick days pertaining to my illness and I have Physician documentation to back those. I will do that, thanks again.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
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    17,417

    Default Re: Can I Sue for Wrongful Termination

    Just FYI, a doctor's note carries legal weight ONLY when FMLA (or possibly the ADA) is involved. A doctor's note does not make a non-FMLA absence protected.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    27,106

    Default Re: Can I Sue for Wrongful Termination

    Quote Quoting cbg
    View Post
    Just FYI, a doctor's note carries legal weight ONLY when FMLA (or possibly the ADA) is involved. A doctor's note does not make a non-FMLA absence protected.

    It sounds as if that's what happened - OP took too many non-FMLA days.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  6. #6

    Default Re: Can I Sue for Wrongful Termination

    True indeed. Thanks for your time!

    - - - Updated - - -

    I'm also legally disabled. I should be entitled to anything the ADA act offers.

  7. #7

    Default Re: Can I Sue for Wrongful Termination

    OP, you curiously stated, “I did have some non-FMLA absences all of which were sick days pertaining to my illness and I have Physician documentation to back those.” I do not readily appreciate why a sick day related to your condition would be considered a non-FMLA absence if you otherwise remained under the twelve week annual total. If you exceeded the 12 week total, then you may not have any cause for redress. If, however, you did not exceed, the 12 week total, then you should definitely pursue your options.

    You should consult directly with local employment law counsel to seek clarification and guidance. If you took sick days related to your “serious health condition,” and your condition otherwise qualified you for intermittent FMLA leave, it would appear your employer may have violated FMLA by counting these sick days against you in order to discharge you assuming your accumulated leave and sick days remained under the 12 weeks annual cap.

  8. #8

    Default Re: Can I Sue for Wrongful Termination

    Thanks, I did not exceed the alottment by any means. I called advice and counsel for the company I worked for and they reviewed the termination as valid. They stated I was terminated for "tardies" rather than "absences". The day the termination was administered I was told "absences". I also asked several times for a flexible work arrangement or special accomodations as I have done in the past with previous Managers, there was no follow up whatsoever. I did advise them of me starting new medications prior to my absences. I am baffled as I was a very loyal employee for over 5 years. What do I do???

  9. #9
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,106

    Default Re: Can I Sue for Wrongful Termination

    Define "tardies" please.

    How many times were you late for your shift in an average month, for example?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  10. #10

    Default Re: Can I Sue for Wrongful Termination

    8 times a month. So about two times a week.

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