Legal Question in Employment Law in Georgia

What can I do about this?

I was working as a manager for a fast food chain and I became sick and was placed in the hospital for 14 days. Before I was released my husband went to pick up my check and they gave him a hard time about him getting it, then when they finally did give him the check, they knocked my wage down to 5.85, which was a 2.50 difference. When he asked about it, he was told it was within the law for them to do that when they fire someone. My husband asked them why I was fired and they said I was a no call no show and that after three days they fired me. If fact they spoke with several of my family members and knew I was in the hospital and now they are acting like they were never notified. I am at a loss and I do not know which way to turn. Do you have any advice?


Asked on 10/08/07, 3:41 am

1 Answer from Attorneys
Jeff Kent Kent & Merritt, P.A.

Re: What can I do about this?

You might have a claim under the Family and Medical Leave Act (FMLA). If the employer has more than 50 employees within a 75 mile radius of where you worked, they are covered under the FMLA. If you worked there at least 12 months (which do not have to have been consecutive) and worked there at least 1250 hours in the past year, you might be a covered employee under the FMLA. If all three factors exist, and if you were not designated by the employer as a "key employee" (which has a legal definition but also must be designated by the employer), you might have a claim. I keep saying "may" and "might" because there are a number of additional factors that might come into play. Get with an employment attorney to discuss your situation. Many offer free initial consultations.

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Answered on 10/09/07, 4:50 pm


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