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This is a discussion on qu within the Hiring, Firing, Wrongful Termination forum, part of the LABOR & EMPLOYMENT LAW category; earlier this year i was written up at work when i had an abcessed tooth and was told could not ...

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Old Sep 24th, 2009, 10:46 PM   #1
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earlier this year i was written up at work when i had an abcessed tooth and was told could not miss anymore work then a few weeks ago my 3 kids and i were all sick with bronchitis and flu like symptoms. a memo had recently went out saying if you had flu like symptoms to not come to work and it would not be held agains t you. i provided a dr note and it wasnt accepted so i was then given a final warning and told if i called in a again i would be suspended or terminated. then last week my husband had a car accident and broke his neck i called from hospital to ask to apply for fmla was told due to extraordinary circumstances i would not be suspended and allowed to apply for fmla i turned in the paperwork th next day. i missed a total of 4 days. i returned to work and then today i was fired for what they said was economic conditions and offered a severance package equal to 1 1/2 weeks pay for every year of service (7 years) i had not heard back yet on the fmla. everyone thinks i need to consult an attorney regarding the offer. im not sure what to do.i work for a large company with about 300 people at my location. i was the only one to be let go. the day before i was fired i was given my annual evaluation all of my stats for my job were above dept standards and was given goal of improving attendance. any suggestions? i have 14 days to accept the offer. one other note every year in the spriing the business is slow and temp layoff in other depts are the norm what happens is employees are laid off temporarily and told to draw unemployment and are called back when it is busier
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Old Sep 25th, 2009, 09:10 AM   #2
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If they are really firing for the illnesses etc that may very well be illegal. You could consult your nearest Department of Labor office to briefly discuss the issue with them first...you may also want to ask the company to put what is happening in writing and explain to them that you may have attorneys review the situation...try speaking to a higher level of management about the issue; they may override the other managers. If none of these efforts resolves the issue, let us know.
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