Legal Question in Employment Law in Alaska

Is it unfair dismisal?

I found after my 1st Dr visit I needed surgery. This was prior to the end of my probation period at work.(6 mo) I was granted personal leave without pay and 6 days later had the surgery. Surgery complications kept me from returning to work on the date expected. Dr sick notes were submitted weekly and e-mails were written along with phone calls to the org. I was offered PTO (co's suggestion) and accepted. I e-mailed my date of return. That day I was terminated because of lack of communication, excessive absenteeism, having a negative impact on the organization. My letter stating these reasons also quoted from their Emp handbook ''Unpaid leave of absences/Non-FMLA'' ''Requests for unpaid leave must be submitted in writing to your supervisor far enough in advance so that adequate coverage of your tasks can be arranged. Unpaid leaves of absences must have prior approval from your immediate supervisor and the Exe. Director.'' I returned to work after my probationary period was completed. I have kept copies of e-mails, Dr notes and prior approval. I was out for medical reasons and feel this is an unfair dismisal. Thanking you in advance for your response.


Asked on 6/30/04, 3:58 pm

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: Is it unfair dismisal?

The FMLA unfortunately would not protect you because you were not a "covered" employee. The Act required 1 year of employment with at least 1250 hours worked. As such, it seems that federal law would not assist you. Similarly, Florida law would also provide no protection. Accordingly, it may have been unfair, but not illegal to terminate your employment.

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Answered on 6/30/04, 5:52 pm


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