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Possible Wrongful Termination In Texas

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  • 06-01-2008, 03:46 AM
    poopdedupe
    Possible Wrongful Termination In Texas
    My question involves labor and employment law for the state of:

    Texas

    I believe I have been wrongfully terminated from Tom Thumb Pharmacy last year on June 21, 2007. I asked for the day off due to a family medical emergency out of state. When I arrived at my destination, I phoned my employer and told him I wouldn't be able to make it to work that day. He then asked me where I was calling from and I told him I was at the hospital. Then he tells me exactly in these words..... "you know what?.....don't even bother coming back, you're fired!"

    Are they allowed to terminate me for a family medical emergency? When does the FMLA Act come into effect?
  • 06-01-2008, 05:00 AM
    BOR
    Re: I Believe - Wrongful Termination In Texas
    First of all, any employer who would terminate an employee due to a sick child in the hospital that is attended by you is a piece of stinking garbage.

    I have little in the know on the FMLA, but I do know it does not address a one time or even sporadic call offs to tend to a sick child.

    If I am wrong on that someone can jump in!!

    In the back of my mind, it seems a few states had statutory laws prohibiting termination of a parent/guardian who took off to attend to a child's illness and emergency??

    I don't think TX was one, but I have seen similar laws out there.

    It is probably a legal discharge, but since the facts are unique you can always consult an employment law attorney in TX.

    I hope your child is okay anyway, despite being treated like dirt by MR. Big shot employer.

    That reminds me of a case around here sometime ago. A Parent called off, and was terminated, to attend his son who had to go to the emergency room, and according to the paper's account of what the employer told the Dad, and I will try to quote "If the kid is not DEAD, I want you in here"!!!

    That was nothing short of constitutional fighting words and if the Father would have retaliated against the employer, they had better not have sat me on the criminal jury, I would have laughed at the employer.

    People like that are nothing but stinking garbage. POWER, they have to show how much they have over the little man.

    Best wishes,

    BOR (Bill of Rights)
  • 06-01-2008, 07:09 AM
    cbg
    Re: Possible Wrongful Termination In Texas
    FMLA applies when ALL of the following are true:

    1.) The employer has more than 50 employees within 75 miles of the employee's location
    2.) The employee has worked for this employer for a minimum of 12 months
    3.) In the 12 months immediately preceding the leave, the employee has worked no less than 1,250 hours for this employer
    4.) The employee or a qualified beneficiary (spouse, parent, child under 18) has a serious health condition as defined by the statute.

    If ALL of the above criteria were met, then you MIGHT have a claim, but if ALL of the above criteria are met, we'll have to ask further questions since the facts as presented above do not clearly indicate a violation.

    If even one of the above criteria is not true, then FMLA does not apply and the employer's actions, while I do not necessarily approve of them, were legal.
  • 06-01-2008, 07:12 AM
    cyjeff
    Re: Possible Wrongful Termination In Texas
    A couple of additional points.

    It is unclear to me. Did you ask for the day off in advance or did you call in the day of the emergency?

    how are you related to the family member in the hospital?
  • 06-01-2008, 08:30 AM
    mitousmom
    Re: Possible Wrongful Termination In Texas
    Is the date of your termination, June 21, 2007, correct? If so, why have you waited almost a year to question your employer's action?
  • 06-01-2008, 11:17 AM
    poopdedupe
    Re: Possible Wrongful Termination In Texas
    Yes, I asked not to be scheduled for work that day because my brother was in a very serious motor cycle accident. The accident happened on May 12 and he was released on June 23. So me being his immediate family I needed to be there when he was released so I could take him home. My employer knew of this situation because I was up there several times prior.
  • 06-01-2008, 11:29 AM
    poopdedupe
    Re: Possible Wrongful Termination In Texas
    I believe I was wrongfully terminated and it chaps my backside. And I have not been able to find employment in my profession since I was terminated. I have questioned this since my termination and it is totally consuming me.
  • 06-01-2008, 01:47 PM
    mitousmom
    Re: Possible Wrongful Termination In Texas
    A brother is not considered a member of your "immediate family" for FMLA purposes.

    I doubt that your ex-employer considered your need to be off to take your brother home after a 6 week hospital stay an emergency. The accident that resulted in the hospital stay was an emergency, but his release from the hospital wasn't.

    The information you provided suggests that you asked for the day off to attend your brother, but it wasn't granted. Instead of reporting to work as scheduled, you called to say that you wouldn't be in to work. Your employer didn't accept your absence and fired you. But, by not showing up for work as scheduled, your really abandoned your job.

    You haven't prevented any information to indicate that your termination was wrongful, i.e., illegal. It may have been unkind, but not illegal. And, depending upon the number of days off you had been granted, it may not have been unkind.
  • 06-01-2008, 02:44 PM
    cyjeff
    Re: Possible Wrongful Termination In Texas
    And to have it consume you for a year is, to be honest, silly.

    It wasn't illegal.
  • 06-01-2008, 02:57 PM
    poopdedupe
    Re: Possible Wrongful Termination In Texas
    Thank you all for your help and information that you all provided.

    I am a compassionate, caring person and my family is very important to me. I guess I should have thought more of myself, went to work, thanked my boss and told him how wonderful he really isn't and called my brother to tell him to get a cab home and figure it out as he went with his foot and half leg missing. Really, thinking of myself, I wouldn't call him at all. I would go walk around the mall, drive to the movies, go to dinner and never think of my brother sitting in his yard wondering how he is getting in the house. Family values.

    Employers want your loyalty, but when it comes to them, there is no such thing. Life it happens - to everyone! And I hope, one day "The Terminator" is sitting in his yard wondering how he is getting in the house.

    Thanks again! Truly appreciate all information provided, it helped me put things in proper prospective and can let this roll down my back, stomp on it and continue forward.
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