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Laid off for attendance under FMLA?

Discussion in 'Termination: Firing & Resignation' started by Papageorge, Jul 1, 2014.

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  1. Papageorge

    Papageorge Law Topic Starter New Member

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    RIF 20-22 people based on accidents, attendance, and seniority. Told I was being laid off because of attendance. I missed 52 days in two years; 31 under FMLA and 11 paid sick/personal days prior to FMLA the first year, and 10 paid sick/personal the second year. Although I feel I was close to the seniority cut, HR Dir said because days absent. Can I do anything about this? Isn't this the kind of reason FMLAS exist?
     
  2. army judge

    army judge Super Moderator

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    Sure,you can hire a lawyer, or beef to FMLA.
    Good luck with that.
    Your best bet is file for unemployment insurance.
    With that mass lay off, it's a done deal.
    Then you can start a job search.
    Even if FMLA helps, it'll be months running into years before that help arrives.
    My bet, don't hold your breath, you still gotta eat, friend.
     
  3. Papageorge

    Papageorge Law Topic Starter New Member

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    I suppose I should add I accused him if retaliation against me for whistleblowing the last director to cause an audit that resulted in the RIF to begin with. I've endured much retaliation and know difference in Wage & Hour and EEOC. Should I pursue or drop.
     
  4. army judge

    army judge Super Moderator

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    I can't tell you what to do, other than that is an option. You possess many options. If that's one you choose,it won't fix this tomorrow. As I said, there are other options you can choose while you deliberate them. Nothing prevents you from choosing any of them, say comes August 15th. In the meantime, you can begin investigating your next steps. The biggest issue for me is eating, paying my mortgage, etc... That other stuff will be there in September, too.
     
  5. Proserpina

    Proserpina Moderator

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    That's a very large number of absences, even considering FMLA. Standby though - we have at least one HR expert who will probably drop by.
     
  6. Papageorge

    Papageorge Law Topic Starter New Member

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    Yes, I enjoy eating as well. After applying for UE and while looking employment, I will have the time to research options. I thought this site was a place I could find advice.
     
  7. Papageorge

    Papageorge Law Topic Starter New Member

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    Thank you. I look forward to their input.
     
  8. cbg

    cbg Super Moderator

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    52 days? 31 of them being FMLA? Meaning 21 that were not?

    That's a WHOLE lot of absences. Quite enough to justify a termination on the basis of attendance, even if you don't count the FMLA.
     
  9. Betty3

    Betty3 Super Moderator

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    You can't be let go just for taking FMLA but you can be let go if you would have been let go had you not taken FMLA. That is a lot of absences & they all weren't FMLA. (21 weren't FMLA apparently)

    If you believe you were let go due to using FMLA, you can file a complaint with the US DOL - they oversee FMLA.
     
  10. Papageorge

    Papageorge Law Topic Starter New Member

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    Thank you for the advice. I have looked on website and found were FMLA should have been offered to cover the first 11 days since it was all for the same reason and where I shouldn't be discouraged from using days or paid benefit days and when I was on leave they were supposed to have left me alone. Lots of info on the website.
    52 days is a lot when you look at as a whole but I feel over a two year period and others were not laid off who had as many as 22 days absent in the same period without FMLA is not correct handling of the layoff. I could be wrong. I will wait and see.
     
  11. cbg

    cbg Super Moderator

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    How long had you worked there overall?
     
  12. Betty3

    Betty3 Super Moderator

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    You would have had to work for your employer for at least a year before any FMLA leave would apply. (before a year is up, absences would not qualify as FMLA)

    As cbg asked, how long have you work for this employer overall? Thanks.
     

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