Hey guys, I've been stressed about a situation at work that has limited my job advancement for an entire year and wanted to know if there is anything legal I could do about it.

My request for 3 vacation days to go to Pennsylvania and visit my grandma on Saturday, Sunday and Monday a few months ago had been accepted. On Friday (a day before vacation) just an hour before I was scheduled to work I learned that my father who lives near my grandma had just received ahernia (sp?) serjury and needed someone to take care of him asap. So I planned on calling out for the day, it would be my second call out in nearly two years of working with the company. The first time I called out was because my car was buried in 6 inches of ice and physically would not move. I planned on calling out using my mom's cell phone while we were in the car traveling, but I was unable to because she reminded me it was a business-only phone plus reception was noticably poor.

I get a phone call about an hour after I was due to work and management was wondering where I (their only supervisor for the night) was at. I never said that my dad needed help, but admitted I was supposed to work that day before losing signal. So Tuesday I come back to work... I swiped my badge on the time clock and it didn't register. Apparently I was fired because management didn't communicate properly and notice that I was approved for vacation. Theythought I had abandoned my job for three days, which means that you basically voluntarily quit.So that same day I was rehired about 1/2 hour later while receiving no appaulogy for their mistake for wrongful termination.

A few hours pass and I get called into the office. They decide to write me up because of Friday's 'no-call no-show'. I explain to them I didn't have access to a phone and the one they contacted me on was a business phone. They respond back with 'why didn't you call earlier' and I made no mention to my family emergency because I thought it would make no difference and it was not their business. So after that happened I was on a D-day, which basically requires someone to have a written explanation of what I was going to change to better myself and avoid future problems. It also restricts someone from progressing career wise for an entire year. I totally BS'd the explanation and they decide to fire me because of it. But I persisted to disagree because I had already put my two weeks notice of leave in, whichI planned to pull out like I did a month before. So my boss decided to switch me from being fired to opting out to leave on my choice.

So my question is for you law people, do I have a case? I would respectfully use FMLA laws (Family Medical Leave Act) and possibly sue for both cases of wrongful termination. FMLA's non-foreseeable law states, "the employee should provide notice to the employer in person or telephone...within no more than one or two working days of learning of the need to leave, except in extraordinary circumstances in which notice is not feasable. Ideas?? The whole FMLA part is below

 

29 CFR 825.303 - What are the requirements for an employee to furnish notice to an employer where the need for FMLA leave is not foreseeable?
Section Number: 825.303
Section Name: What are the requirements for an employee to furnish notice to an employer where the need for FMLA leave is not foreseeable?

[hr]
[/align] (a) When the approximate timing of the need for leave is not
foreseeable, an employee should give notice to the employer of the need
for FMLA leave as soon as practicable under the facts and circumstances
of the particular case. It is expected that an employee will give notice
to the employer within no more than one or two working days of learning
of the need for leave, except in extraordinary circumstances where such
notice is not feasible. In the case of a medical emergency requiring
leave because of an employee's own serious health condition or to care
for a family member with a serious health condition, written advance
notice pursuant to an employer's internal rules and procedures may not
be required when FMLA leave is involved.
(b) The employee should provide notice to the employer either in
person or by telephone, telegraph, facsimile (``fax') machine or other
electronic means. Notice may be given by the employee's spokesperson
(e.g., spouse, adult family member or other responsible party) if the
employee is unable to do so personally. The employee need not expressly
assert rights under the FMLA or even mention the FMLA, but may only
state that leave is needed. The employer will be expected to obtain any
additional required information through informal means. The employee or
spokesperson will be expected to provide more information when it can
readily be accomplished as a practical matter, taking into consideration the exigencies of the situation.

 

Hi AMG, allow me to re-read this after I have a cup of coffee and wake-up a bit. Blue

Hi AMG. Well, first I'm required to tell you that I'm not studying Law in your state, and I have not taken the Bar exam in your state, so your best advice would likely come from a local employment lawyer in your state. However, I would like to place a bet on what he would say, based on my studies here. The issue seems to be whether or not you have awrongful firing, breach of contract, or bad faith in dealing, or FMLA case. Please confirm this, but I believe that Maryland, like many states has a "work at will doctrine", which states that either the employee or the employer can terminate your employment at any time, without notice, for good reason, bad reason, or no reason, and its legal. Now sometimes acting in bad faith and unfair dealing will attract the concern of a court, but here you have neglected company policy, while in a supervisory role, and have a previous history of the same, so it is unlikely, in my opinion that a court would feel that the company has acted in bad faith or dealing, because they have a "stated reason". Next, I am wondering if the "written explanation" and "corrective action", which you were asked to write constituted a "confession" or "admission ofwrong doing". Because, if so, being a written document, it may be difficult/impossible to overcome in court. Thirdly, many states now are regarded as pro-employer states, which can lightly weigh the social value of your claim against the company, and agressively question the value of your complaint. This is a nice way of saying that it is tough to win these cases anyway. Fourthly, you stated that they allowed you to resign your position, and you agreed. Generally speaking, and in reference to case history here, I would think that you have a very weak case. You might be advised by your lawyer to either work things out, or find someone else to work for. Also consider that a company that is downsizing or is facing financial difficulty may be itching to reduce payroll anyway, and in these cases the work at will doctrine or any good reason for dismissal is sufficient.