QUESTION

I was called in upper management on Tuesday stating an employee made an accusation about me ...her word my word my badge and keys were taken away unti

Asked on Oct 03rd, 2012 on Labor and Employment - Pennsylvania
More details to this question:
further investigation was later called back that afternoon and was told they will call me I was called the next morning to come in this is after being up all night crying so I called out can I be fired. I also have FMLa leave which I would like to use until monday due to the stress and now having to start new meds
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1 ANSWER

If your stress and the medications that you are taking are due to a serious health condition for which you are under a doctor's care for, you would be entitled to intermittent FMLA leave that would allow you to take some time off from work to care for your condition.  You should get your doctor to write a letter to your employer stating (1) what your serious health condition is (2) that you are under the doctor's care for the condition (3) the condition was exacerbated or aggravated by the recent work-related incidents (4) the doctor has prescribed new medication and (5) that the doctor wants you to be off of work until Monday to recover.  Get this ASAP and give it your your employer and specifically request intermittent FMLA leave to cover those days.  If your employer then terminates you, you may have a claim for FMLA interference or retaliation.   However, even if you go on legitimate FMLA leave, the employer can still terminate your employment if its investigation relating to the pre-leave incident that you described reveals something severe enough to warrant termination.  You cannot escape potential legitimate discipline for a pre-leave incident just because you happen to be on FMLA leave at the time the discipline is handed down.  Under those circumstances, the employer would probably have a strong defense that its decision to terminate your employment was in no way related to your request for, or taking of, FMLA leave.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063  mdavey@eckellsparks.com  www.paemploymentlaw.blogspot.com  
Answered on Oct 04th, 2012 at 8:59 AM

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