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Is this legal?

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mugpar

Junior Member
What is the name of your state (only U.S. law)? IL
Sorry forthe long post, but it's a long story.
At the end of August I went on Disability, which was considered FMLA, which turned into a huge issue, I just finally got my last check from November. I am in Renal Kidney Failure, am a Diabetic for 25 years, have sleep apnea, am anemic and have retinopathy.Now during my leave, I did enter the building, either to make copies of my disability paperwork, fax paperwork, leave paperwork on HR's desk, or to get stuff from my desk. Before I did so, I made sure it didn't state in the employee handbook or disability paperwork that I could not, and nowhere did it state so. During this time I also would VPN into the system to check my email, because they would email my work account and not my personal account, like they where supposed to.I was cleared to come back to work December 1st, upon my arrival, my boss grabbed me and took me in a conference room with HR and questioned me on each and every time I accessed the system or the building, and I told him why or I didn't remember the specific time and dates. They then sent me home and said they would call me later in the afternoon after talking to the VP of HR. I never heard back from them, so the next day I called my boss to see if i could return to work, he didn't answer and emailed me back with, it's still under investigation and to stay home. So during the entire week I kept trying to call him, and he would never answer. Finally December 8th I emailed him, and HR, they got on a conference call and told me I was terminated for "suspicious activity", and I had 5 business days to return my cell phone, laptop and external hard drive.In the employee handbook if I am doing something wrong, I am supposed to be warned, and they knew, both my boss and HR that I was accessing the building. The last time I tried to get in the building, which was the day after Thanksgiving at 4:45pm i did not have access, so I knew something was up.I did access the building early in the morning, sometimes late at night, because during the time I had eye surgery so I couldn't use my sleep apnea machine, so I was up at night, and slept during the day. Sometimes there where people in the building, sometimes there was nobody.
Does this sound fair that I was fired for it or should I seek legal help?
 


Beth3

Senior Member
How often were you going into work? If I had an employee on leave with serious health inssues, I too would be concerned and, frankly, suspicious, if that employee were coming in late at night or early in the morning, particularly with any degree of regularity.
 

mugpar

Junior Member
Wouldn't you warn them? Or tell them they can't be in the building. I think a total of 4 times I was there.
 

Beth3

Senior Member
Wouldn't you warn them? Or tell them they can't be in the building. I think a total of 4 times I was there.
I'd also remove access and investigate. I can understand your stopping in a couple of times to make copies and leave paperwork for HR but reading between the lines, I'm getting the feeling you were a frequent late night/early morning visitor.
 

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