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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 33049
Experience:  More than 30 years in legal practice.
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I believe that I was wrongfully terminated from my

Customer Question

I believe that I was wrongfully terminated from my employment, I have symptoms/ loss of work due to recurrent sinus infections , it has impacted my attendance, last bout left me with Bronchitis,sinusitis, and a infected throat, today I was greeted to a termination letter
Submitted: 1 year ago.
Category: Employment Law
Expert:  Loren replied 1 year ago.

Good evening. I am Loren, a licensed attorney, and I look forward to assisting you.

Customer: replied 1 year ago.
Thank You Loren, can you provide me with some assistance?
Expert:  Loren replied 1 year ago.

How many employees are there?

Did you request FMLA or a reasonable accomadation under ADA?

Did you have a written employment contract requiring cause for termination?

Do you believe you were termnated due to your race, religion, ethnicity, etc.?

Expert:  Loren replied 1 year ago.

Are you still online with me?

Customer: replied 1 year ago.
I believe between both plants there are approx 175-200, I didnt make a request under fmla,or state law givin the fact I arrived monday with a doctors note, been in bed since friday, abcessed tooth pulled on but was and looked at law last night given I knew something was not right, and mailed HR my medical records
Expert:  Loren replied 1 year ago.

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Expert:  Loren replied 1 year ago.

Without a written employment contract requiring cause for termination, you are, in all likelihood, an at-will employee. As such, you serve at the whim of your employer. They can change your duties, compensation, schedule or even terminate for any reason or no reason at all.

The only exception is that any action taken against you may not be motivated by illegal discrimination (race, religion, disability, ethnicity, etc.) or sexual harassment.

If, upon further deliberation you think that may apply to your situation then you need to make a complaint to the EEOC as soon as possible.

Otherwise, without a claim, as described above, the courts view this as office politics and offer no judicial or administrative remedy. In other words, you would need to seek recourse within the HR department.

Expert:  Loren replied 1 year ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 1 year ago.

Are you still online with me?

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

Customer: replied 1 year ago.
no I don't blame your for bad news at all but given the reacurring medical problems that led to me being on the attendance radar with doctors notes, and treatments all co-incide with medical issues
Expert:  Loren replied 1 year ago.

Thank you for understanding. Unfortunately, you have to make a formal request for medical leave under FMLA in order to be protected for medical leave. Otherwise, there is no protection and your employer is permitted to legally terminate you if you are ill.

I am sorry.

Customer: replied 1 year ago.
while I am still going to file for un-employment, is there anything you can provide me with, or another attorney in this area?
Expert:  Loren replied 1 year ago.

If you were otherwise eligible for unemployment and have immediate availability for full time employment, being terminated for illness should not prevent you from receiving unemployment.

If you need assistance finding local counsel try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession. An attorney can not pay to be listed.

Expert:  Loren replied 1 year ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (Excellent or Good) so that I am credited for assisting you. A bonus is not required, but is always appreciated