Legal Question in Employment Law in Georgia

Wrongful termination??? I missed work the week of 12/27 (bronchitis) and 1/30 (mental/physically disabled) due to illnesses that were treated and medically documented. I contacted employer 12/27 to inform of my condition with update calls from my husband throughout the week. On 1/30, I emailed employer regarding medical condition, and my husband called employer 6 times throughout the week to update my condition with him. Employer stated I was a NCNS and job abandonment..this was his reason for termination. Can he do this with my medical documentation and husband calls documented, as well?


Asked on 2/02/14, 9:28 am

1 Answer from Attorneys
Michael Caldwell DeLong, Caldwell, Bridgers & Fitzpatrick LLC

While there is no such thing as "wrongful termination" in Georgia's state laws, you may have some federal protection under the federal Family Medical Leave Act (FMLA). If your employer is covered and if you are an eligible employee, and if you had not used up the available leave time during the preceding 12 month period, you could have a remedy under the law for the employer's unlawful interference with your right to take FMLA leave, and its unlawful discrimination because you exercised leave rights. It does appear that you provided the notice to place him on notice that you required such leave. Without more information, however, this is all I can tell you.

Michael A. Caldwell

(404)979-3154

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Answered on 2/03/14, 9:32 am


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