Do I have a case if I feel harrassed at work?

Get Legal Help Today

 Secured with SHA-256 Encryption

Do I have a case if I feel harrassed at work?

I have a blood illness disease, gout, that caused me to miss work numerous of times last year. Every time I returned to work as soon as I could in a rushed manner. I always felt my job was at risk. Now the HR team just learned of FMLA for their employees. Not too long after

I was informed by my supervisor of this act, I ended up having to use it. This was on 3/14, last week. My claim is currently pending approval through Liberty Mutual and my rheumatologist doctor submitted all of the forms needed. However, I went to work but took a half day because I had to leave early due to my gout attack, I was told that I may be in trouble for something I wasn’t responsible for. I’m anxious to return to work and I fear that I may lose my job as my company may be trying to force me to resign or that they may be building occurences against me by my work ethic, when I do my job well and always 110%. I’d even work through my breaks to get everything done in a timely manner. If I get fired, do I have a case against my company?

Asked on March 19, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you miss work without using either 1) paid time off (PTO) which you earned and accrued for the absence; and/or 2) using FMLA leave for that absence, then you can be terminated (or otherwise disciplined) for an unauthorized absence. You can only miss work for medical reasons with PTO or FMLA. So if the half day you missed was not covered by PTO or FMLA you could be terminated for it legally; or if you later or otherwise have missed work without it being covered by PTO or FMLA, you could be terminated. It does not matter if it is not your fault: the empoyer is allowed to require its employees to be at work, and does not have to let them miss work when it's not their fault.
On the other hand, if all absences were covered by FMLA or PTO but you are nonetheless terminated (or suspended, demoted, etc.), you may then have a claim for wrongful termination or illegal FMLA retaliation, and should speak with an employment law attorney.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption