Exempt employee and making up missed time

I am an exempt employee for a municipality. One morning I had car trouble and was an hour late for work. I did call work and explain the situation. Later the same day, my supervisor told me to just work an hour later to make up the time. The next day he presented me with a disciplinary letter for "excessive tardiness."-this was the first time I had been tardy since I don't remember when. I asked him how one instance could be excessive, and he said he had heard that I am late all the time. I asked him to look at my time card and give me the dates I was late (there are none.). He refused, saying he just was doing what he had to do. Is this legal? Note: I was on intermittent FMLA at the time and he gave me a very poor evaluation, citing that I was absent all the time. I used 3 sick days in 7 months, the rest of the time was FMLA. He was using that information for my "excessive tardiness".

2 answers  |  asked Jun 7, 2011 8:37 PM [EST]  |  applies to Illinois

Answers (2)

Ron Schwartz
The FMLA claim is worth looking into further. Please feel free to call me to discuss.

Ronald B. Schwartz
Katz, Friedman, Eagle, Eisenstein, Johnson & Bareck, P.C.
77 W. Washington St., 20th Floor
Chicago, IL 60602
(312)263-6330
(312)372-5555 -- fax
mailto:rschwartz@kfeej.com
http://www.kfeej.com

posted by Ron Schwartz  |  Jun 9, 2011 12:04 PM [EST]
Alejandro Caffarelli
If you are interested in scheduling an initial over the phone screening, please do not hesitate to contact me directly to arrange a date and time for a screening.

If you have any questions, or if you would like to schedule a consultation, I may be reached at (312) 540-1230.



Sincerely,

posted by Alejandro Caffarelli  |  Jun 9, 2011 07:57 AM [EST]

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