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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 1729
Experience:  Practicing Attorney with 10 years experience
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I was fired for absenteeism following a serious illness, for

Customer Question

I was fired for absenteeism following a serious illness, for which I was in the hospital for 5 days, and took a total of 3 weeks off work. Company policy says that an approved leave of absence does NOT count as any days off work. I did get an approved leave of absence. When I was fired, I was given the opportunity to take a terrible job, less money, less hours, and terrible hours. I took that job offering, as I felt I was backed into a corner and had no choice. 2 months after this happened, I talked to my supervisor and told her that policy says I wasn't "absent", as I was on an approved leave, and she said she would remove the write-up from my file. A month later I checked my personnel file, and it was still there. I talked to HR, and she said she would remove the write-up from my file. After all of this, I am in a job with terrible hours, terrible pay, and less hours than my previous job. Is there anything I can do?
Submitted: 3 months ago.
Category: Employment Law
Expert:  Asad Rahman replied 3 months ago.

I am sorry to hear that and I hope you are feeling better. Unless you were covered under FMLA, it would be hard to pursue a claim here. The only area you could legally challenge is their failure to abide by their procedures. You had an approved absence so why were you being punished. I don't think it would get much traction in court.

Expert:  Asad Rahman replied 3 months ago.

Let me know if you have any specific questions.