Legal Question in Employment Law in Georgia

I was sick from Sept-Dec with a kidney infection/blockage, and had to be rushed to the ER several times from work. My (ex) company (who is a plastics factory that produces deli & bakery trays for a large client) uses a "point system", and I was charged points for all of this, and they were threatening my job until they decided to tell me about short-term disability. I got well, and then 2 weeks later, I got ill with a cough. I was so sick with this cough for 2 weeks, I couldn't breathe. I finally asked to leave to go see a DR and was terminated. Turns out I have the highly contagious Pertussis (aka whooping cough), and everyone I worked with needs to be treated immediately. I did let the company know, and they have not told anyone there that they need to be treated.

What should I do? Am I able to file for unemployment since I was fired for being sick?


Asked on 1/25/11, 7:00 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

You certainly should apply for unemployment. Obviously, with a few details of one side of the story we can't guess the outcome. You should also let the DOL know of the potential problems with the illness at the factory. They will likely know what to do.

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Answered on 1/27/11, 2:18 pm
Gregory Fidlon Law Offices of Gregory R. Fidlon, P.C.

Yes, you should definitely apply for unemployment. In addition, you may have a legal claim for violation of the Family and Medical Leave Act (FMLA). I would strongly recommend that you consult with an attorney, such as myself, experienced at handling FMLA claims in Georgia. I would be happy to offer you a free initial consultation by phone. If you are interested, please click the link below and complete our consultation request form.

http://www.fidlonlegal.com/consultation_request.html

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Answered on 1/27/11, 2:26 pm


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