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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 18587
Experience:  B.A.; M.B.A.; J.D.
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I was written up in Sick when the manager gave me and

Customer Question

I was written up for calling in Sick when the manager gave me and another tech permission because he thought we had FMLA. When he found out I didn't qualify for FMLA he proceeded with the write up. He told me he had to write me and the other tech up when I returned but he never wrote the other tech up. And now with part of this reason along with several other reasons he told me I had to resign or get terminated so I submitted my resignation. We do have a Union so there is an employment contract but the Union Steward was on his side more than mine. Ive since filed an ethics complaint against the manager with the company. Is this legal?
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
I called in on Sunday to the weekend duty manager and the weekend manager said it was okay but my manager never answered or responded to my text messages. The doctor said I could return on Tuesday. I called the manager to let him know on Monday and that's when he gave me permission and said I can pick up the FMLA papers when I returned. When I came back on Tuesday he told me that same day that he had to write me and another tech up for calling in that Sunday but I'm almost certain he only wrote me up.
Expert:  Phillips Esq. replied 1 year ago.

I am so sorry to read about your difficulties.

As you may know, your employer can terminate you or force you to resign for any reason or for no reason at all so long as the reason for this action is not on any one of the prohibited grounds of race, gender, age (40 and over), disability, national original or the like. Even if the reason is unfair as in this situation, the employer's action is still legal. Nevertheless, if your manager did not follow proper protocol in threatening to terminate your employment or demanding for your resignation, you may escalate your complaint to the employer's appeal process and ask for review of the manager's action.

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