What is the name of your state (only U.S. law)? Florida
hello i am asking for some professional advice as to what my options are as far as my case.
Employer - Walmart
Job Title - Apparel attendant/associate
Date Fired - 8/26/10
LOA Leave started - 6/26/10
FMLA approved for following symptoms
pericarditis, shortness of breath, polyps, Dizziness
In may 2010 i was having severe bowel problems so i was seen by a professional who later used scopes and found that i had rectal polyps that were precancerous.
Later that month i scheduled to have them surgically removed, all went well witht he surgery.
At this time had not taken out any sick days of leave and i was only working part time so i was able to recover from my surgery by time to go back to work again.
After returning back to work i had to call my husband to come and pick me up from work due to dizziness and shortness of breath, a few days later i was seen by another doctor which ran stress tests and other tests only to find that i had anxiety and pericarditis both causing my shortness of breath and dizziness.
I was given a doctors note that i could return back to work and only perform light duties. My manager informed me that if i gave him that note they would not let me come back to work. So needing to support my family i went back to work and was positioned in a more relaxed atmosphere as a (jewelry associate), once again i felt the feeling of someone sitting on my chest again but just overloked it throughout the next few days, eventually after about 5 days i couldnt take it anymore and had to call my husband once again. I filed proper paperwork for FMLA leave and was granted the time to recover from my illnesses.
During my time out on FMLA i was asked by my manager to return in to complete my CBL's (Kiosk Testing) I planned a time to come in and take the tests but before that day came about i was admitted into the hospital for the same old symptoms not being able to breath and falling over dizzy. after my 1st day in the hospital i called my manager to let him know what had happened but he was unavailable at the time so i left him a message which he did receive.
On 8/24/10 i called in once again to let my manager know that i was being discharged from the hospital the following day. It was then that he let me know that i was terminated from employment.
I filed for unemployment shortly after this and was denied because my manager told them that i had abandoned my job. I Appealed this quickly and was given a phone hearing where all parties including myself ,my HR manager ,and my Dept. manager attended on a conference call. When asked if i had abandoned my job my i told them what had happened at the hospital over the phone. The appeals referee asked the manager if he fired me and he admitted to it therefore turning my appeal in my favor for unemployment.
I was just recently told that i could sue walmart fo the way that they conducted business with my termination. I have seeked legal counsel and they have informed me that i have a case since i was terminated before my return date was up.
sorry for the long story here but my questions are what type of monetary goal would sound reasonable? I keep hearing that it is entirely up to me but i really have no idea what i should realistically be asking for. I have been unemployed now for 18 months seeking new employment everywhere to no avail. my pay when terminated was $10.65 per hour.
Due to being terminated the way i was it really did cause a huge financial burden on my family causing us to have to move out of our home due to less income. We also had to downgrade our nice vehicle selling it for a clunker we have now just to make ends meet we also sold many other possessions. The house we had to move from was a house that we were going to purchase from the owner. The owner was going to take into account the 2 years worth of payments that we had already been making on the home at $850 per month.
So im really confused as to what i could expect to get from all of this ive been told basically only back pay and possibly 6 months of front pay, but what about all of the other things that were lost due to all of this?
Thanks for any help you may have to give me.