Legal Question in Medical Leave in Illinois

I was recently terminated for exhausting my FMLA unknowingly. We have a no fault attendance policy. Have I been wrongfully terminated by Illinois state law? Do I have any rights? I am a union employee not at will. The union is not willing to arbitrate


Asked on 12/09/13, 6:41 pm

1 Answer from Attorneys
Chen Kasher Chen Kasher

Yes, no fault attendance policies make FMLA/ADA violation cases much more actionable. If your employer continued to count your days even while they knew you were out, you may have a good claim.

Unions can be unwilling to arbitrate employment law violations such as FMLA/ADA. That's not really what many of them are there for.

The next step is to file a charge with the EEOC or IDHR as soon as possible. You have statutory time limits that have already started running.

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Answered on 12/09/13, 7:38 pm


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