QUESTION
do I have a case for wrongful termination
Asked on Oct 30th, 2012 on Wrongful Termination - Pennsylvania
More details to this question:
Last week I was terminated. My son was in the hospital for 3 weeks and I missed 10 days of work. The position was part time and I missed ten days. Another woman who applied to the job, but did not recieve the job, is married to a Board officer. The couple publicy "campaigned" to influence the Board and my supervisor to remove me from the position. No training was offered upon several requests for the position. No reason was given for termingation. I was employed for 7 years at different positions with this Employer. Two years ago I inquired about FMLA but was told I did not qualify as I was a part time employee working 25 hours per week. I have a chronically ill child.I was informed by a source yesterday that my employeer is afraind that I will file a suit and is taking precautions.
1 ANSWER
Litigation Attorney serving Media, PA
at
Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C.
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If your employer employs 50 or more employees and you work at a location with 50 or more of those employees within a 75 mile radius, then you will be eligible for FMLA leave if you: (1) have worked for your employer for at least 1 year; and (2) have logged at least 1,250 hours of service in that time period.
Presuming that you meet all of those criteria, then you are eligible for up to 12 weeks of FMLA qualifying leave each year. Needing time off to care for a child with a serious health condition qualifies as FMLA-eligible leave. Your employer cannot interfere with your right to FMLA leave, nor retaliate against you for taking qualified FMLA leave. If you were on qualified FMLA leave for 10 weeks, then your employer is obligated to hold your position until you return, or alternatively, offer you a different job at the same pay and benefits as the position you previously held.
So, assuming all of the above is true, it sounds like your employer may have violated the FMLA when it terminated your employment.
I would be interested in speaking with you about your situation in more detail. Please feel free to contact me directly at mdavey@eckellsparks.com or at 610-565-3700.
Michael J. Davey, Esquire
Eckell, Sparks, Levy, Auerbach, Monte,
Sloane, Matthews & Auslander, P.C.
344 West Front Street
Media, PA 19063
Answered on Oct 31st, 2012 at 9:31 AM