QUESTION
My previous employer didn't follow labor laws & I was forced to resign. Can I sue?
Asked on Jan 06th, 2014 on Labor and Employment - Pennsylvania
More details to this question:
While caring for my sick daughter I had to miss time at work so I used my earned vacation time. I was told I missed too much time and had to resign or be fired. They never offered me FMLA. Shortly before this incident, they tampered with my signed timesheet and removed two days from my pay - along with other harassment towards me. I believe they tried to make things difficult for me in hopes that I would just leave. In my 13 years of employment, I was never written up for anything. Thank you for your time in this matter, I really appreciate any help you can give.
1 ANSWER
4 Awards
If you qualified for FMLA (full time for past 12 months before your daughter became ill, and your employer had at least 50 employees at your work site area), then you may have been entitled to FMLA for the time needed to care for your daughter. FMLA does allow you to take leave for a family member. Your daugher's medical condition would also have to qualify under the FMLA as a serious health condition which is defined by missing work or school for at least 3 days due to the condition, and undergoing medical treatment for the condition. If your employer was aware of your need to be with your daughter and you qualify for FMLA, then you can and should consider taking legal action. You should consult with an employment law attorney in your area to detemine if you qualified under the FMLA
Answered on Jan 06th, 2014 at 3:19 PM