QUESTION
I was terminated for excessive absence while on FMLA.
Asked on Dec 07th, 2012 on Wrongful Termination - Pennsylvania
More details to this question:
Worked for 5 years 3 months as a Systems Analyst. Work performance evaluation listed "stop coughing" as a goal. Started doctor's care for allergies, asthma and neurogenic cough. Started missing work due to medications; applied and accepted for FMLA with intermittent leave. Called off work on a Monday with Supervisor approval. Tuesday was terminated. Unemployment found them liable after investigation.
1 ANSWER
Litigation Attorney serving Media, PA
at
Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C.
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If your day off on Monday was designated intermitted FMLA leave, then your employer cannot terminate your position on the basis of that sick day. If your application for intermittent FMLA leave was recent, then that can bolster the inference that your termination was not only interference with your FMLA rights, but was also retaliation for your application for FMLA in the first place.
I would be happy to speak with you in more detail about your situation. Please feel free to contact me directly.
Michael J. Davey, Esq.
Eckell Sparks Law Firm
mdavey@ecekllsparks.com
(610) 565-3700
Answered on Dec 08th, 2012 at 9:42 AM