possible wronful termination

I was terminated from a very a large healthcare provider in pittsburgh. I was off for medical reasons (documented by doctor)and was fired for "not using the proper call off procedure" I left my supervisior a voicemail 4 days in a row. She did not return my call until the 5th day. She stated that she didn't feel that it was urgent to return my call since she already knew that I was going to be off of work. Do you think there is any chance of persuing this?

2 answers  |  asked Aug 15, 2007 12:59 PM [EST]  |  applies to Pennsylvania

Answers (2)

Harold Goldner
FMLA rights may have been violated

The Family and Medical Leave Act may provide you up to 12 weeks unpaid leave, and security for your job, but it is impossible to determine whether you qualified for FMLA leave, or your employer violated FMLA rights without more details.

I encourage you to contact an attorney familiar with the FMLA to explore whether your rights have been violated.

Harold M. Goldner
hgoldner@goldnerlaw.com

posted by Harold Goldner  |  Aug 15, 2007 4:27 PM [EST]
Christopher Ezold
Termination in violation of company policy generally does not give rise to 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, termination in violation of company policy generally does not give rise to a claim.

However, if other employees are not fired for the reason you were fired, and they are not in a protected class and you are (i.e. race, religion, gender, etc.), then you may have a claim for differential treatment. For instance, if men don't get punished or terminated because they don't follow the call-off policy, but women do, then you may have a claim. The claim is not based on the policy, but on the employer's differential treatment of men vs. women.

In any event, you may be able to successfully pursue unemployment compensation, if you followed the call-off policy. I would have to review the company's call-off policy to determine whether you complied or the termination was in violation of the policy. If you did, then you should be able to receive unemployment.

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
Cezold@Ezoldlaw.com

posted by Christopher Ezold  |  Aug 15, 2007 2:31 PM [EST]

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