If I believe that I was wrongfully terminated from my job last year, where would I begin?

UPDATED: Oct 1, 2022

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If I believe that I was wrongfully terminated from my job last year, where would I begin?

I was under medical care for 30 days,. When I returned home, my employer held 2 meetings with me

stating he didn’t know if a position was still available for me and that he would call later that evening, which he never did. He never even called to fire me. I would like to know if I have a against him for unemployment and wanted to investigate some other options that may be available to me.

Asked on April 26, 2018 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Did you use PTO (e.g. sick days) you had wanted or accrued for the absence? Of so and you were terminated, you would have a case for unlawful termination, since you can't be fired for using a benefit (paid time off) you earned. In this case, speak to an employment law attorney about possibly suing (and appealing any unemployment denial).
Or did you use Family and Medical Leave Act leave? This would require that the employer is large enough (at least 50 employees who work within a 75-mile radius), that you worked there at least a year and at least 1,250 hours in tbe past 12 months, and that you requested FMLA leave. If you used FMLA leave but were terminated anyway, contact your state or the federal department of labor and file a complaint.
But if you missed any days without using PTO or FMLA to cover all days out of work, you could be fired "for cause" (no unemployment), for unauthorized absences. There is no right to miss work for medical care without using PTO or FMLA.

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.

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