I was fired from my job for being late for work or calling in sick, a minor violation of our work rules. Although our union contract stated that termination would occur after seven minor violations in a 12-month period, most of these absences were directly related to my clinical depression. Do I have any legal recourse?
Depending on the specifics of your circumstances, you may have a claim under the Family and Medical Leave Act (FMLA), a disability discrimination case, a union grievance or an unemployment compensation claim, according to employment law attorney Ellen Frantz. The factors determining whether you have recourse and what that recourse may be are numerous and complex and would best be determined by consulting with an attorney experienced in employment law. These initial consultations frequently are free of charge.
Frantz said the most important step you can take is to act quickly. The window for filing a union grievance depends upon your union contract but may be as short as three days, and the window for FMLA claims may be as short as 30 days.
Information provided by Ellen Frantz, employment law attorney at Johns, Flaherty & Collins, SC. To speak with an employment law attorney in La Crosse, call 608-784-5678.