Terminated after 6+ years

[csd68]

What is the name of your state (only U.S. law)?

I worked for a machine shop in PA for 6+ years before I got terminated without any prior warning. The reason they gave me was excessive absenteeism. My employer, since I started working there, has a policy covering absenteeism. After 5 days absent in a year you get a verbal warning. After 10 days a written warning. Any days after that they can give you a 3 day suspension. Following that they can terminate you. In the past I've received written warnings but never suspension for being absent. This year I missed 2 months due to a disability. They were made aware of it by my doctor and I received short term disability pay from my employer during that time. After returning to work I missed 2-3 days from back pain. This was a continuation of why I was out on disability. After about a month, maybe a little longer, being back they fired me. I did was not given an opportunity to plead my case. I was escorted out of the building.

Did they have just cause to fire me? What, if any, are my options?

 

[cbg]

They do not need just cause to fire you. In PA, and in every other at-will state (which is every state except Montana and even including Montana in some circumstances) you can be fired for any reason that is not specifically prohibited by law, including that you wore a green shirt to work; that the Pirates lost, that the manager had a fight with his wife, that there weren't any jelly donuts in the last bakery delivery, or because it's Monday.

Now, just to cover every possible contingency, what was the nature of the condition for which you were out on disability; how many employees does your employer have; is the condition likely to be temporary or permanent; what kind of job do you have; and were any of the absences for which you received the written warning related to it?

BTW, that is a very generous policy.

 

[ecmst12]

However, if FMLA applies, it's questionable.

 

[csd68]

I've had sciatic pain for the past 24 years. The time I was out on disability was for the sciatic pain. It usually comes and goes but sometimes like this time I was out on disability, it wouldn't go away. They've knew of my condition from the beginning of my employment. The majority of my absences since I worked there have been due to the sciatic pain. They employee between 200-300 people in a CNC Machine shop.

 

[cbg]

I think you need to call the US DOL, describe the situation, and ask them if FMLA has been violated.