• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

does this violate the family leave act

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

A

amyp

Guest
What is the name of your state? Texas


I was the manager of bar here. I am pregnant and my doctor gave me notice that i did not need to work there anymore, as i couldn't preform my job duties. I inturn brought the letter to my employer and informed them that i would begin my leave in one week from that day. I was told my job would be held and good luck. Three days later a regional manager was sent in "undercover" he was drinking heavily. The next day this man called my manager and told him to fire me for some things not bieng clean, also for sitting down on the job. He was in my unit for only one and a half hours of my twelve hour shift. I need to know if there is anything i can do about this. I worked very hard for this company and I do not feel that I was rightfull terminated.


please help

thank you
amyp
 


cbg

I'm a Northern Girl
In order to determine whether or not FMLA is even applicable, we need you to tell us 1.) How long you have worked there? and 2.) How many employees are there in all? Need that info before we go any further. BTW I will have other questions as we go forward but those are the necessary ones for now.
 
A

amyp

Guest
I was employed with that company for 17 months. I am not sure how many employees they have except that it is over 75.





Thank you

amyp
 

cbg

I'm a Northern Girl
Okay, FMLA applies, assuming you work full time. Now, it is not clear in your post what happened. What do you mean, they sent someone in undercover? To do what?
 
A

amyp

Guest
Yes i worked full time. They sent in a regional manager i did not know to come in and act as a customer to try and witness something I was doing against company policy.

Thank you very much for your help.





Amy
 

cbg

I'm a Northern Girl
Amy, I have never worked in your industry, so help me help you. I know it must be annoying for me to keep asking questions, but each time you answer I understand a little better and can take the next step.

Is this something that is frequently done as a quality control issue?
 
A

amyp

Guest
No it is not done frequently. However, it is done on occasion but usually not in that manner usually it is an owner or someone you know just shows up unannounced. Ask what you need to. and I again thank you.









Amy
 

cbg

I'm a Northern Girl
Okay, next question. Other than the fact that you had announced that you were leaving, was there anything else going on to make them think you might be violating policy?

Also, may as well ask this at the same time - I should have asked it at the beginning. Were you leaving for good, or just going on medical leave?
 
A

amyp

Guest
No that was it. They new that I was ready to go and the 12 hour shifts were wearing me out. I told them that. I was just going to go on medical leave at first But, I may have decided that I didn't want to go back.







thanks
amyp
 

cbg

I'm a Northern Girl
Last question. What SPECIFIC reason did they give you for the termination? What policy did they say you violated?
 
A

amyp

Guest
On my write up was written regional manager came into unit and witnessed Amyp not preforming her job duties to our expectation. He witnessed that the staff was not keeping the place clean. Which is amy's responsibillity.



thanks

Amy
 

cbg

I'm a Northern Girl
Okay, my best shot at this.

You MAY have an FMLA violation in that they MAY have termed you in retaliation for taking medical leave, and particularly for taking it early. However, you will probably have a hard time proving it. Since they do occasionally send in upper managers unexpectedly to check on their managers, it will be hard to show that they did so this time specifically to set you up. They also have indicated that you were not performing "to expectation" rather than that you violated a specific policy, which is harder to prove or disprove. It's up to you whether you want to pursue it or not - if you choose to, your remedy is by filing a complaint with the US DOL.

You don't indicate how far along your pregnancy is, but FMLA is for only 12 weeks. IF you would be missing more than 12 weeks between the time prior to the birth, the birth itself, and any subsequent time, they would be able to term you legally anyway at the end of that time. Which undoubtably would be part of their defense; "Why should we set her up; if we wanted her out, all we had to do was wait out the 12 weeks". On the other hand, if you would be missing 12 weeks or less, it becomes part of your attack; "They had to do it this way because they knew they couldn't legally fire me when I came back".

Let me know if YOU have any questions; I've asked you so many it's only fair.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top