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Wrongfully suspended from work

Discussion in 'Medical Leave & Disability' started by michigan2015, Apr 5, 2015.

  1. Apr 5, 2015 #1
    michigan2015

    michigan2015 Law Topic Starter New Member

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    I work in a factory in which I have a team lead, production coordinator and supervisor above me. I have FMLA for my asthma, which has been pretty bad lately. 2 week ago I was having an asthma attack and my inhaler was not working. I got permission from my team lead and left. On the following Tuesday my supervisor pulled me in the office and told me I was being suspended for not informing him that I was leaving. He told me that my team lead was not of authority and she could not give me permission to leave, even though she always has before with no problem. Also, she has given other people without FMLA permission to leave for the day, because we have a no fault point system. My supervisor claims that team leads are not of authority, but I have been written up for being insubordinate by walking away from a team lead while they were talking to me. Seems to be a little contradicting. Do you believe I was wrongfully suspended for only telling my team lead that I was leaving on FMLA due to an asthma attack?
     
    michigan2015, Apr 5, 2015
    michigan2015, Apr 5, 2015
    #1
  2. Apr 5, 2015 #2
    army judge

    army judge Super Moderator

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    No, I don't believe you were wrongfully suspended. I do believe your persistent obstinence and recalcitrance could eventually lead to your dismissal or termination.

    FMLA isn't a do anything you wanna do card. The employer has rights, too, far more than you'll ever have from some government flim-flam known as FMLA.
     
    Last edited: Apr 6, 2015
    army judge, Apr 5, 2015
    army judge, Apr 5, 2015
    #2
  3. Apr 6, 2015 #3
    Betty3

    Betty3 Super Moderator

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    You can't be discriminated against just for taking FMLA or any other reason prohibited by law. However; even on FMLA, you have to follow the employer's rules & regulations including when taking leave. (such as notifying the correct person, following call in procedure etc......)

    I don't believe your employer did anything illegal.
     
    Betty3, Apr 6, 2015
    Betty3, Apr 6, 2015
    #3
  4. Apr 6, 2015 #4
    mightymoose

    mightymoose Moderator

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    If there is a problem here it is not a legal one. You would need to sort it all out with the employer through whatever process they have in place for grievances.
     
    mightymoose, Apr 6, 2015
    mightymoose, Apr 6, 2015
    #4
  5. Apr 6, 2015 #5
    ElleMD

    ElleMD Well-Known Member

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    Just because you can be written up for disrespecting a coworker does not mean that coworker has the authority to grant FMLA.
     
    ElleMD, Apr 6, 2015
    ElleMD, Apr 6, 2015
    #5

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