Wrongful Termination Legal Guidance
Summary
You may have grounds for a wrongful termination suit based on your FMLA leave and the Illinois Employee Security Act. Consult a labor law attorney to review your case comprehensively.Full Conversation
Nichole
Hello Nichole, how can I assist you with your legal inquiries today?
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
Hello Nichole. Based on your description, it seems you may have grounds for a wrongful termination suit. However, it's highly recommended to consult with a labor law attorney. They can review your case comprehensively, considering the Illinois Employee Security Act and FMLA regulations.