What to do if I was terminated from my job for absences that were covered or supposedly covered by FMLA?

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What to do if I was terminated from my job for absences that were covered or supposedly covered by FMLA?

I was given the right to call off whenever I felt ill or was unable to perform my job right. I have depression by the way. The company gave me warning letters for not calling off 2 hours before the shift started which led to me being terminated. I wake up an hour before I start work, not 2 hours. If I wake up and I feel ill I am going to use my FMLA to call off. Do I have a lawsuit against my ex-employer?

Asked on December 19, 2012 under Employment Labor Law, Illinois

Answers:

Michael A. Jacobson / Michael A. Jacobson, Law Office of

Answered 8 years ago | Contributor

Yes, if your employer terminated you for using FMLA leave, then you have a cause for action against them. To evaluate your claim, it would be necessary to see your doctor's FMLA applications, the documents generated by your employer tracking your use of FMLA leave, the FMLA administrator's file, and the documentation of disciplinary actions taken by your employer. 


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