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Should I consult with a lawyer at this point?

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in_the_air

Junior Member
What is the name of your state?NJ
. . Hello, I am a flight attendant, terminated in early March which I immediately grieved with the union. I have a meeting with the base adm inistrator (with union representation) regarding my grievence so I need some advice. I got into this position due to numerous sick calls. I applied for and recieved FMLA twice concerning some of these sick calls, which are all related. There is a three step discipline process. I was on the final step, or a termination warning. All three steps of discipline in my case were due to sick calls. The airline also looks back 12 months on an employees record. The company allows for 3 sick calls undocumented, thereafter all sick calls need medical documentation. In the past 12 months I have incurred 5 sick calls and one FMLA absence, all related to the same issue . (One of these sick calls is due to a diversion on a flight I was working , I was not able to fly due to the medical issue; it was the captain's determination to divert,whose decision is the final authority.) At this point I was on the termination warning but still employed . I then had two other instances. Before a flight ,there are certain check in procedures flight attendants must follow. Sometimes, however, there are instances of irregular check in procedures for various reasons , it is at the company's discretion whether they will allow it. I had such a flight and I called the company early that morning to see if I could check in at the departure gate of my flight, which is not standard procedure. It was my understanding that the person I spoke to told me I could do so. I know to whom I spoke and the time so the tape can be pulled if necessary as all converstations are recorded. I was on time and on the plane. They took me off the assignment because the company said that I did not follow check in procedure, this puts another mark on my record and it is not related to any sick instance. This instance was given the most severe mark on my record ( though most times if one is on time and on the plane, it is a minor infraction, but that is all at a supervisor's discretion) . Lastly, I was late to an assignment due to being sick for which I have a note from the company clinic; related to the FMLA issue. This instance was not reported as a sick call , it was reported as being late on my record. Although I have not had the meeting yet, the last two instances are the rub. I would like to consult with a lawyer so that I have the knowledge that I need and to understand my case. The reasons I was put on the steps of discipline were all due to related sick calls , that FMLA was approved for twice. One of the sick calls was not my doing because I did not call out sick, it was the captain's decision to divert. I also feel that if I had not been on the termination step of discipline due to medical issues, the infraction due to check in procedure would not have been handled severly and without question would not have led to termination. Not to mention I called and spoke to someone about procedure beforehand. The last infraction was also related to my medical issue. Perhaps I should have taken different steps ,such as applying for FMLA for even one sick day. I had asked my supervisor early on if I should apply for FMLA and I was told not to bother because it would not be approved for my medical issue,which turned out not to be true. I would like to ask for educated opinions in going forward .Thank you for reading such a lengthy post and for your time. (I hope it was coherent)
 
Last edited:


Beth3

Senior Member
A big block of text like that is almost impossible to read. How about editing your post and putting in some paragraph structure and "white space."
 

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