Legal Question in Employment Law in Arizona
I was currently under fmla (with the company verizon wireless) because of my knee. When I was on leave I had to resend doctor notes and dates ect. during this time. However every time I sent out the information forms my employer wanted me to fill out they would always say it was incorrect. It got to the point they gave me a deadline, and said I would have to come back to work by this date or I would be fired even though they had the doctors note note saying I was not released. As the deadline hit I was told to meet up with my manager and my district manager at our HQ and go over the paperwork with them. On the phone I told them I could fax it with exactly what they wanted however I was told that instead of submitting it by fax I needed to meet up with them, because it was the last day I could submit it. When I arrived at our HQ instead of going over the paperwork with me, the manager and the district manager fired me for something that happened over 6 months ago. It seemed like they were trying to fire me twice on the same day. I looked up all of the fmla guidelines and we do have over 50 employees, i have worked for them for almost two years, I have worked more than 1,250 hours, and my claim was approved by metlife, and was under 12 weeks of fmla.
what do i need to show that they fired for other reasons because they could not yet fire me wail under fmla?
I do know at that store they have only 5-6 people working at one time, and with the Auguste back to school sales they could not hit the numbers they needed without me and Verizon corporate would not allow us to have any more employees. Verizon just opened up their first premier store in Tucson that they invested over 1 million dollars into as of march. However they were not hitting the high expectations of numbers it was meant to get. They needed me out for August because management already felt like we were understaffed, even when I was there, and couldn't hit their numbers then and needed me to out to fill my spot.
What exactly what i need to prove to show unjust termination?
Thank you,
David Brandon
1 Answer from Attorneys
I think you have an excellent case for unjust termination. It seems like they were getting rid of you because of the cost not because of your alleged wrongdoing six months ago or whatever. I would highly recommend you hire an employment law attorney, which unfortunately I am not.
Best of luck!
Joan :)
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