girlinpink
Member
What is the name of your state? Michigan
I think my employer acted illegally. I had to take time off of work for three disabilities. I was in the process of extending my leave time through their outside agency (the first time I had extended it), and the agency hadn't processed leave yet, but was doing so.
Although I didn't qualify for FMLA, due to the duration I had worked there, FMLA was turned into my workplace. Even though the agency was supposed to process it, I made sure to turn one in to HR, as well. That way, I have a paper-trail of notifying my employer via the FMLA.
As far as the extension goes, my direct manager wanted to talk with me about leave over a conference call with HR. I told her that I didn't feel comfortable talking about the matter over the phone, and that I preferred email.
I got an email back, saying that they had "attempted to contact me by phone," but were unable. That they had fired me, and that I had taken too much time off of work. I emailed them back, saying I attempted to communicate with them through email, but was refused. My first appeal to reverse the decision was refused by an employment practices person.
What's odd to me is, isn't this a smoking gun? I have emails proving that I was trying to communicate with them. I have emails proving that medical leave was a factor in the decision making process to fire me. I even gave them the opportunity to essentially settle for $0, and they refused it.
The only thing that I can think, is that they're misinformed on two fronts. The first being that they don't understand that the ADA is a protection in the absence of FMLA, the second being that it is an extension of the FMLA. The second thing is, my boss lied that she wasn't able to communicate with me, and the hiring practices person probably believes the boss. However, I have repeated having emails to back up my case.
Unless my understanding of the ADA is wrong, and their's is right, this doesn't make sense to me. It's like they're walking into a lawsuit. Or am I missing something?
I think my employer acted illegally. I had to take time off of work for three disabilities. I was in the process of extending my leave time through their outside agency (the first time I had extended it), and the agency hadn't processed leave yet, but was doing so.
Although I didn't qualify for FMLA, due to the duration I had worked there, FMLA was turned into my workplace. Even though the agency was supposed to process it, I made sure to turn one in to HR, as well. That way, I have a paper-trail of notifying my employer via the FMLA.
As far as the extension goes, my direct manager wanted to talk with me about leave over a conference call with HR. I told her that I didn't feel comfortable talking about the matter over the phone, and that I preferred email.
I got an email back, saying that they had "attempted to contact me by phone," but were unable. That they had fired me, and that I had taken too much time off of work. I emailed them back, saying I attempted to communicate with them through email, but was refused. My first appeal to reverse the decision was refused by an employment practices person.
What's odd to me is, isn't this a smoking gun? I have emails proving that I was trying to communicate with them. I have emails proving that medical leave was a factor in the decision making process to fire me. I even gave them the opportunity to essentially settle for $0, and they refused it.
The only thing that I can think, is that they're misinformed on two fronts. The first being that they don't understand that the ADA is a protection in the absence of FMLA, the second being that it is an extension of the FMLA. The second thing is, my boss lied that she wasn't able to communicate with me, and the hiring practices person probably believes the boss. However, I have repeated having emails to back up my case.
Unless my understanding of the ADA is wrong, and their's is right, this doesn't make sense to me. It's like they're walking into a lawsuit. Or am I missing something?