Fired around FMLA approval for insisting on email communication. Unemployment denied.

[ccole93]

I’m from New York. Recently had intermittent FMLA approved due to a lupus-like illness, which I sought when my employer wrote me up for taking three sick days—with doctor’s notes.

One night I worked with a coworker who refused to leave an overhead light on, insisting on turning it off so I couldn’t see. Lamps close to my skin make me erupt into a painful rash, which I explained to my boss when he called her to complain about me, and she didn’t really give a shit. I got sick (my FMLA form says “rash”) and used a day for the next night.

My employer sent me an email asking for my side of the story and said he accused me of workplace bullying. I sent them an email back detailing my side and they insisted on a phone conversation, which I refused, because I had gotten ill and it involved my FMLA. I said I wanted it recorded either on the phone or by email and they refused.

They *emailed* me a termination letter in which they said the crux of the issue was me refusing me speak over the phone, thus impeding their investigation. They did HIRE me via email, from my social security card down to my license. In the denial letter it says that I was denied and “should’ve known better than to get in an argument in the first place.”

They didn’t offer to speak in person and didn’t say they’d can me if I refused to speak on the phone. I have only been written up once for attendance, which was the sick days from lupus thing, and they didn’t give me a warning for this or anything. They said they “had to side with [my] coworker” because I wouldn’t talk on the phone. I have the first write up, which they EMAILED me and did not call me about, even though they said they don’t do discipline via email.

I sent the state our email communication, my application for a phone interview with the EEOC regarding retaliation for asking about labor laws, and a copy of my FMLA form. Do I wait for them to contact me before finding a lawyer?

 

[FlyingRon]

They are free to insist on talking to you verbally. Unless you have some disability that would prevent that, you have no right to refuse. The fact that you wanted it recorded isn't something you can legally stand on. It matters NOT how much other use of email the company uses.

At the face of this, nothing with regard to this has to do with your FMLA or any other (illegal) discrimination.

Which EEOC? (NY State or Federal). Note that these agencies are not there to give advice. You either file a complaint with them or not.
Note that there are time limits both on EEOC complaints and legal action, so you'd be well advised to talk to an attorney to make sure those have not passed. Your attorney should be able to advise you on whether to wait for the EEOC or start a legal action.

 

[cbg]

I don't see anything that falls under the EEOC to begin with. They are not the regulatory agency for FMLA and you've not indicated on which characteristic protected by law this falls under. "People who ask about labor laws" do not fall under their jurisdiction.

 

[Taxing Matters]

I'm going to assume you did not work for the government. If you did work for the government, the answers might be different.

My employer sent me an email asking for my side of the story and said he accused me of workplace bullying. I sent them an email back detailing my side and they insisted on a phone conversation, which I refused, because I had gotten ill and it involved my FMLA. I said I wanted it recorded either on the phone or by email and they refused.

That was a mistake. The employer is not required to do the interview your way nor is the employer required to allow you to record the conversation. Not only is the employer not required to do those things, the employer may legally fire you for not participating in a phone conversation about your complaint. Indeed, the employer may fire you for any reason other than a few reasons prohibited by law. The prohibited reasons include firing you because:

• of your race, color, religion, sex, national origin, citizenship, age, disability, or genetic test information under federal law (some states/localities add a few more categories like sexual orientation);
• you make certain kinds of reports about the employer to the government or in limited circumstances to specified persons in the employing company itself (known as whistle-blower protection laws);
• you participate in union organizing activities;
• you use a right or benefit the law guarantees you (e.g. using leave under FMLA);
• you filed a bankruptcy petition;
• your pay was garnished by a single creditor; and
• you took time off work to attend jury duty (in most states).

The exact list of prohibited reasons will vary by state. I'm not seeing anything in your situation that would be anything like the things listed above, so just based on what you've said here I do not see any grounds for a wrongful termination claim.

For future reference, the federal Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces the federal laws that prohibit an employer with at least 15 employees from discriminating against employees on the basis of race, color, national origin, religion, sex, age (if the employee is age 40 or older), disability, or genetic test information. Those are acts of illegal discrimination. So unless you have a claim that involves illegal discrimination by the employer the EEOC cannot help you. The agency that enforces the rules for the federal Family and Medical Leave Act (FMLA) is the U.S. Department of Labor (DOL). But I'm not seeing either an illegal discrimination or a FMLA issue in the facts you provided.

However, you may wish to consult an attorney who litigated wrongful discharge cases and provide all the facts to the lawyer. It may be that additional facts you haven't shared here might make a difference. Most will give you a free initial consultation.