fired or not?

[REDD]

I've been in employed with my current employer for 9 years, am one of the top producers and i've had a lot of health issues this year. i have a fibromyalgia and i worked from home for 3 weeks, i was told by the gm to use my vacation and sick leave. i used all of it and then i asked my new supervisor for 2 days off, one was to work out of town and the other was a vacation day, she said yes but when the end of that day came and the gm was looking for me, she denied that i had permission. my gm fired me through a 3rd party, she called me the next day, verbally abused me like she had so many times and i went to work that monday. she called me in her office, and stated that i tried to put one over on them and i should be terminated because i didn't fill out the proper paperwork, i said that i didn't agree, she asked what i thought my punishment should be and i told her i din't know. she's given me until 5p today to think of punishment. i know she wants me to give up a billing account, but i can't afford it. do i have any legal rights?

 

[ALawyer]

YOU SURE DO HAVE RIGHTS!

If you had an illness there are all sorts of laws that may protect you including the Americans With Disabilities Act that requires employeres covered (and that depends on their size) to make reasonable accomodation to your circumstances. And your state laws may also be at least as supportive.

If you were working from home it is very possible you should have been considered working (at least a partial day)and NOT been charged sick leave.

Be reasonable and tough - it sounds as if they are taking major advantage of you, improperly!

I would not suggest any punishment but instead tell her that you believe no punishment is deserved, that you should not have been charged sick leave, you want the matter reviewed by the corporate head office (if there is one) and that you would be prepared to consult with a lawyer if there is any disciplinary or retailiatory action.

Also, if they are discriminating against you on the basis of age (are you over 40?), sex, race etc. this could present a serious case of discrimination.