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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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I don't know if I have any legal standing in this situation,

Customer Question

I don't know if I have any legal standing in this situation, but it seems grossly unfair and I want to take action.
I had to take a short medical leave for sciatica, I was approved for a few weeks of paid leave.
However I was not cured of the issue in that time, so I had to open a second claim, this time I didn't want to miss work, and was taking the leave for an "Intermittent absence"
I received documentation for the claim but the doctor forgot to check one thing off, so I had to go back to him and get the forms changed. I had until 6/22 to do this, I was lucky enough to book the appointment on the 22nd and got the forms changed.
That morning on the 22nd I called the Disability office and a woman stated it would be fine that I submit the documentation today, and that I should send it via email since its the fastest way to get to my case manager. I went ahead and emailed the proper documentation.
A few days passed and I hadn't heard anything from the Disability office, so I called up and they stated the email didn't arrive until the 26th. I said I have a timestamp of the email being sent out as 6/22 7:02pm so I was told that they would notify my case manager that I emailed the documentation on time.
Today I learn that my claim was denied because I had never sent paperwork to the Disability Office for 6/22 - I have the time stamp from the gmail server showing my sent date, as well as those recorded calls documenting the issue. When I told the representative that, I was told that they didn't get the email until the 26th therefor the paperwork doesn't count.
My work is based on an attendance point system, 4 points accumulated and you are fired. I had missed 6 days during my leave, all documented on the claim, but as a result of this denial I lost my job.
Is there anything I can do to fight this? And if so what exactly can I fight for?
(Small edit: According to Google the email was delivered successfully at 16:05 PDT, 3 minutes after I emailed it.)
Submitted: 2 years ago.
Category: Employment Law
Expert:  Samuel II replied 2 years ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard.I am sorry to hear of this matter. I suggest that you could have a basis to file a lawsuit for wrongful termination and that under the suit you could claim lost wages, lost benefits, emotional distress and any legal fees associated with bringing the suit. It appears you have the evidence you need to show that you follow directions and your time stamp is what is pertinent. It is not the time of delivery. I suggest that someone has made a wrong call on your records resulting in your termination and that it appears it could be a deliberate retaliation for you exercising your right to intermittent FMLAI suggest you should consider consulting with a local attorney who can help to settle this with the employer with lost wages, benefits and possibly your job being reinstated.Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please let me know here. Otherwise, I would appreciate a Positive Rating as that is how I get credit for my time.​Thank you