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Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 42846
Experience:  30 years in Employment law
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I missed two days Wednesday and Thursday I called in per my

Customer Question

I missed two days Wednesday and Thursday I called in per my employers policy but when I called in my leave they said I was two hours late for calling Wednesday in but approved Thursday. I'm being given a absence for Wednesday and fired for it.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Indiana
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time, union shop
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so
Submitted: 6 months ago.
Category: Employment Law
Expert:  Ray replied 6 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 6 months ago.

If you feel this is discriminatory, that you were singled out because of age, race, sex then file here with EEOC.EEOC would investigate and issue a right to sue letter if they find in your favor.

If you believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information, youcan file a Charge of Discrimination. All of the laws enforced by EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination with us before you can file a job discrimination lawsuit against your employer. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect theaggrieved person's identity. There are time limits for filing a charge.

You should also file complaint with your union here.You may have appeal rights with union and employer as well.

I would consider doing both here to try and seek a better outcome.I am so sorry you have had this happen.

If you can positive rate 5 stars it is much appreciated.

Expert:  Ray replied 6 months ago.


Disparate Treatment

An intentional act that discriminates

against an individual based on his/her

membership in a group protected by Title

VII, the ADEA, or the Rehabilitation

Act/ADA, or retaliates against an

individual for engaging in protected EEO

activity under one of those statutes.

Expert:  Ray replied 6 months ago.

There may have been disparate treatment under EEOC if they singled you out here and treated you differently in this situation.

Customer: replied 6 months ago.
I was approved intermittent leave from 12/20/2016 through 6/20/2017. One to two days per episode up to 4 episodes a month. I wasn't discriminated against. I just was two hours late reporting it to the third party agency. I reported on time to the employer
Expert:  Ray replied 6 months ago.

But this may well be discrimination.They treated you differently.If you were on intermittent and they are denying you leave.You have to get creative here.EEOC offers protection from discharge on that basis.I am trying to help you formulate a good argument against discharge.

Customer: replied 6 months ago.
I'm about to go into work and get discharged, then i come back in 48 hours for the official discharge meeting,
Expert:  Ray replied 6 months ago.

Then consider EEOC here , claim you were discriminated against, they singled you out here.Consider a local employment lawyer to sue as well for wrongful termination.Thats also helps you file for UI benefits claiming it was discrimination.

I will cross my fingers for you here.

Thanks again and thanks for rating 5 stars.