Wrongfull Termination

I have been working for this employer for the better part of two and a half years. Having no sick days available points were collected as a consequence of calling off or coming late. This was a new policy however. By late it didnt matter if you clock in on time but rather if your in a designated area by the time your supposed to be clocked in.
I got to the point were I only had no more chances to call off or be late. Was making it to work fine until I had to visist my late brother due to terminal illness. I Contacted employer several times including the first day of absence. Was told they were going to get back to me, but never did. Instead I recieved a letter later stating that my emploment had been terminated. I then attempted to file for UC benefits but my claim has been on hold due to the employer claiming voluntary quit. I have sent proof of termination but am still on hold. Is there any grounds for legal action here? Do I have a recourse?

2 answers  |  asked Dec 5, 2008 1:42 PM [EST]  |  applies to Pennsylvania

Answers (2)

Christopher Ezold
If your employer is subject to the FMLA, you may have a claim.

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, if your employer is subject to the FMLA, you may have a claim. Employers with 50 or more employees may have an obligation to provide unpaid family medical leave. You need to meet certain eligibility criterion, chief among which is having worked 1250 hours in the previous 12 months.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585

posted by Christopher Ezold  |  Dec 6, 2008 11:04 AM [EST]
Doris Dabrowski
unemployment benefits

You can appeal the denial of unemployment benefits.

posted by Doris Dabrowski  |  Dec 5, 2008 4:01 PM [EST]

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