Wrongful Termination Legal Guidance

Nichole

On April *, *, I was terminated from my position, citing excessive absenteeism and lack of available accrued time off. However, I contend that several of my recent absences should have been covered under my approved intermittent FMLA leave for mental health reasons, which was in effect from September *, *, to March *, *. Additionally, the termination paperwork references disciplinary citations from as far back as * and *, which may not be valid considerations under the Illinois Employee Security Act due to the extended time that has elapsed since those citations were issued. Importantly, I did not receive the notification letter dated September *, *, from CMH's HR department regarding the approved FMLA period, as stated in the termination paperwork. Furthermore, the termination paperwork cites an absence on September *, *, as unexcused, despite the fact that this date was covered under my FMLA leave and a work note from my healthcare provider stating the need for continuous FMLA from September *, *, through October *, *, due to mental instability. Additionally, the termination paperwork notes an absence on December *, *, as excused according to the timesheet. However, I do not have access to all timesheets, so there may be other absences marked as excused that were not properly accounted for. I have compiled a file containing the following relevant documentation: • Copies of the termination paperwork and disciplinary citations • Details of my approved FMLA leaves, including the healthcare provider's notes • Email communications with HR and management regarding my FMLA usage • Information on the Illinois Employee Security Act