Hmmm... The HR person verbally postphoned my "fireing" until I submit the FMLA paperwork on July 11.That is terrific - that means you are NOT yet fired.
I thought that you would address the due process of the issue in relation to the Employment at Will agreement signed when I was hired 14 mos. ago. No, there is no "due process" issue, unfortunately, in Wisconsin.
Are there not acceptable employment termination practices that specify due process requirements in the workplace that are argueable in a court of law if I were to pursue the issue with a lawyer in a legal action? No, not at all. At Will means without good reason or any reason and without notice. An employer need not give you notice - they can fire us on the spot. They don't even have to do it for a decent reason. Moreover, in WI, we are automatically "at will" unless we have a written contract to the contrary (such as one that says, we can not be fired except for good cause, OR, one that says, we agree to work for 5 years at X pay). There is no such thing as a 'due process' requirment between employer and employee for termination purposes, unfortunately. For instance, lets say you employ a babysitter for your child. She comes every afternoon from 3-5, when you get home from work. One day a new babysitter comes to town and you want to use her. You call your current baby sitter and tell her you don't need her to babysit for you anymore, starting today. This is entirely legal and you didn't have to give her notice, or due process rights to defend herself, of any kind. Doesn't make your actions kind, compassionate or fair - but they are legal under current law. No law prohibits that termination.
Feel free to ask for clarification, if any of this remains unclear, I am happy to explain further if you need. As for FMLA, consider getting your doctor's note describing how you needed intermittent (or more) medical leave periodically, X times per week or month, due to XYZ, due to fatigue etc. Your employer has provided an unusual extra opportunity after the fact, for you to retroactively FMLA this, which is wonderful. Good luck!
I hope this helps clarify for you.
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