my employer terminated me while on approved FMLA leave

My employer terminated me while on approved FMLA leave. The IL Dept of Labor upheld the decision stating my doctor had not notified them of my last appt. (Dr. staff stated they did send the FAX w my return towork date. The hearing officer stated she did not want me to get a notorized statement from Dr. staff she would obtain, she did not. I appealed the decision to the hearing commission and got a letter from an atty stating he upheld the IDHR decision,that I failed to report in every ten days as required by my employers personnel policy. I submitted evidence to both the IDHR and the appeals board but apparently it was not considered. Do I have any other recourse?

2 answers  |  asked Sep 16, 2012 10:05 AM [EST]  |  applies to Illinois

Answers (2)

Alejandro Caffarelli
If you are interested in scheduling a free initial over the phone consultation, 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,

Alejandro Caffarelli
Caffarelli & Siegel
180 N. Stetson Ste. 3150
Chicago, IL 60601
(312)540-1230
www.caffarelli.com

posted by Alejandro Caffarelli  |  Sep 17, 2012 07:23 AM [EST]
Anthony Cameron
Dates and the form of certain documents will be vital to understanding your case. IDOL does not generally review IDHR cases so your situation is currently difficult to understand.

I suggest you separate your documents by agency (do not mark on them) and put them in chronological order, by agency. You're going to need to consult with a skilled employment lawyer to understand your rights and options. Getting your documents in order and contacting a lawyer should be done quickly. Time may be critical.

I see you're in Normal, IL. There are excellent employment lawyers near you in Springfield and Peoria. There is even a fine firm with offices both places.

I'm 200 miles from you in Quincy. I would be glad to do initial intake for you at no fee but I couldn't get you in until early October. See if you can do better locally. At a minimum, you will need your FMLA forms from the employer, your Dr. submissions, Papers from and to IDHR and whatever it is you have from IDOL. Also, if you've applied to IDES for unemployment, counsel would want to see that.

Best Wishes.

Anthony B. Cameron
Quincy

posted by Anthony Cameron  |  Sep 16, 2012 12:45 PM [EST]

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