Legal Question in Medical Leave in Illinois
would I have a case
I was fired from a 7 1/2 years job, because I had to take time off for my daughter....she overdose and I was with her in childrens hospital, then after this I had to get the proper doctors to help her. I called my employer at home on a sunday night. explained what happened and asked for a few days off to take care of my daughter and her needs, but I would be back on the next monday. the employer said ok and for me to take care of my daughter. I called into work monday to let the office know and that I had talked to the boss of the company. everything was ok...I thought... I got a card from all the employees and managers of support.... but when I returned to work that monday.... I was told I was fired on the past wendesday.. two days after I had talked to everyone..... the reason was that due to the inability of me not reporting.... they had to let me go. I was under the impression that ''don't worry about things here we will do ok without you, take care of your daughter'' meant everything was ok... but it was not. I lost my job with no verbal warning or write up... just a certified letter saying I was fired.
So my question.. what can I do? Do I have a case? please help me to do the right thing. I do not think this was fair.
2 Answers from Attorneys
Re: would I have a case
Whether or not you have a case is dependent on a lot of factors. Most importantly:
Did you work at least 1250 hours in the year before your leave;
Where there 50 or more employees of your company at your worksite or within 75 miles;
Was there a policy that required you to call in on a schedule while you were off?
The last one may not be so important depending on what was said - exactly - when you called in to the boss and the company.
You need to contact an employment atty as soon as is possible. It may be possible to negotiate a solution.
Re: would I have a case
You may have a case under FMLA if your employer employed more than 50 people. Provide me your contact info via e-mail to discuss.
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