Legal Question in Personal Injury in South Carolina
Wrongful employment discharge
My mother notified her boss 3/01 she needed leave in 11/01 for the birth of her grandchild in Fl. She used Personal time off to do so. The employee's daughter, 26, had an emergency cesarean so was unable to care for her new born. During her absence, her employer called her and told her she to return to work, then threaten her saying if not by 1st days she would be on prob./1yr, 2nd day-abandonment. She did not return. She still had PTO, no way to return home at that time. She was terminated upon returning home. Wrongful termination in violation of FMLA? She would have been eligible for retirement in Jan. 2002 and dismissed in Nov. 2001, possible age discrimination? Also, the corporation has contacted her and threated to close her accounts with them and possibly slandered her by reporting she was telling people the bank had terminated her when asked why she wasn't working by a customer while she was at the branch conducting a transaction. Supposedly, she was speaking loudly and upsetting the fellow employees. This is simply untrue. They were listening to her conversation, invasion of privacy? Also, what about Intent infliction of emotional distress/outrage or harrassment due to the phone call?
1 Answer from Attorneys
Re: Wrongful employment discharge
You posted your question under the category of Personal Injury and Tort Law. You need to go back and resubmit it under employment or labor law. I would love to help you, but I don't practice in this area. Good luck.