OK, I was on 'verbal warning' for attendance, due to missing time from my wife's compliacted pregnancy. The baby came, and she was still ill. I came back to work after my approved 'vacation' for teh baby, and had to miss again, due to my wife's health. I advised my employer(s) supervisors and HR via email what teh situation was , and after a few emails and days, advised them I would be taking FMLA, and called our FMLA administrators (on a Friday).
Since the care of a newborn is grounds enough for FMLA, it was approved, pending proof of her birth. I gathered the information, and faxed it to the next business day (a Monday) On Tuesday, I received ALL of my belongings at my house via UPS, and a letter of termination came in the mail shortly after. They sited my absenteeism, and lack of following protocol for notifying as teir reason. The date - the day I was set to be on FMLA!
I called the FMLA administrators to see if they got my proof info, and they said to call back the next day to see if it had been logged in. I called the next day, they said it had not, and now they could not accept it as I was no longer employed there!
Here's the best part, for my employer, the date given for termination is the LAST DAY YOU WERE ACTIVELY EMPLOYED THERE, and FMLA begins ON THE DAY APPROVED. So, it would seem there is an overlap of a day. Meaning, I was starting FMLA Friday, and I was terminated at the end of teh day Friday.
This has been over a month and a half now, and the HR lady who handles these issues (As well as the one who terminated me) has not replied. She went on a a 3 week vactaion, and while she wa sout instructed everyone in HR to NOT reply to me, should I contact them. She is due back today, and I would like to know how to proceed.
REMEMBER THIS IS FLORIDA - A RIGHT TO HIRE, RIGHT TO FIRE STATE!
Therefor, there realy aren't too many attorneys who will touch this sort of thing!

