Legal Question in Employment Law in West Virginia

Termination of Employment Question

I was fired for absenteeism from a company where I had worked for 27yrs. I provided dr excuses for each illness-related absence, both FMLA and non-FMLA, as required by my employer. On the day I was fired, I was contacted at home by HR dept around 1130am & advised that 2 other emps in my dept were out for personal reasons & would I be able to come in. I stated I was willing to attempt to go in; however, I was scheduled to see my dr as a walk-in between 130-330pm & then would have a hour's drive to the ofc. I was first told to come in & could be evaluated by another physician at a later date. After placing the call on hold for 5 or so minutes, the HR rep then told me to go to the dr then come in to work for 4hrs. I arrived at work at 320pm and told by my supervisor around 5pm that the HR Director wanted to meet with us. At 6pm, we met & I was terminated. I was approved for Unemp benefits with the decision was that misconduct was not proven as I had followed HR's requirements plus the circumstances that day were ones not within my control. Do I have any legal recourse due to the method of my dismissal?


Asked on 5/09/06, 12:26 am

1 Answer from Attorneys

David Anderson Anderson Business Law LLC

Re: Termination of Employment Question

Did you have a written contract or employment handbook?

Was there a written policy re: absenteeism or doctor visits?

I would need to see those before I could advise you. If those were the only bases for your termination, and you were an at will employee, your rights may be limited.

Call or e-mail for further assistance.

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Answered on 5/09/06, 7:08 am


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