Do I have a case if I feel harrassed at work?
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Do I have a case if I feel harrassed at work?
I have a blood illness disease, gout, that caused me to miss work numerous of times last year. Every time I returned to work as soon as I could in a rushed manner. I always felt my job was at risk. Now the HR team just learned of FMLA for their employees. Not too long after
I was informed by my supervisor of this act, I ended up having to use it. This was on 3/14, last week. My claim is currently pending approval through Liberty Mutual and my rheumatologist doctor submitted all of the forms needed. However, I went to work but took a half day because I had to leave early due to my gout attack, I was told that I may be in trouble for something I wasn’t responsible for. I’m anxious to return to work and I fear that I may lose my job as my company may be trying to force me to resign or that they may be building occurences against me by my work ethic, when I do my job well and always 110%. I’d even work through my breaks to get everything done in a timely manner. If I get fired, do I have a case against my company?
Asked on March 19, 2017 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If you miss work without using either 1) paid time off (PTO) which you earned and accrued for the absence; and/or 2) using FMLA leave for that absence, then you can be terminated (or otherwise disciplined) for an unauthorized absence. You can only miss work for medical reasons with PTO or FMLA. So if the half day you missed was not covered by PTO or FMLA you could be terminated for it legally; or if you later or otherwise have missed work without it being covered by PTO or FMLA, you could be terminated. It does not matter if it is not your fault: the empoyer is allowed to require its employees to be at work, and does not have to let them miss work when it's not their fault.
On the other hand, if all absences were covered by FMLA or PTO but you are nonetheless terminated (or suspended, demoted, etc.), you may then have a claim for wrongful termination or illegal FMLA retaliation, and should speak with an employment law attorney.
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