I left work 2 hours before my normal schedule ended, authorized and excused by my supervisor on June 15. He also gave me permission not to come the next day June 16 if I was still in pain. On the 16 I left messages to my supervisor and his supervisors informing that I was not coming to work due to nobody answered my calls. The 17 & 18 were my days off and couldn't find an earlier appointment with Dentist & Orthodontist until the 19. The 19 was also a personal day granted in writing long ago to fix a family related matter which I also took to see the dentist. The Doctors put me home bound up to the 24th. On the 22nd I called to confirm they received the Doctors notes I told them I will sent on the 19 by fax and mail and as answer I was informed not to come back because my position was not longer available since I was terminated on the 16 for not notifying. At first I was denied with the unemployment benefits, but at the appeal the ALJudge approved the benefits stating that I was not in "No Call - No Show" and no misconduct was committed from my part and that I was terminated for other reason than misconduct while I was ill. My question is: :confused: Do I have a wrongful Termination or discrimination case due to I was terminated when I was excused and ill? My employer also starting on the 17 was telling all my customers that I was not longer with the company I worked for 2 years. I will appreciate your comments.

OK, I'm having trouble following this.

You said you called on the 16th to report that you were not coming in "due to" (?) nobody answering the phone? Huh? :confused: Are you saying that you called to report in sick and that you never spoke with anyone?

In any case, unless your absences qualified under FMLA, which we don't have enough information to determine, this is not a "wrongful termination" under the law. Do you know whether the company is subject to FMLA and, if so, if you and your condition met the criteria for FMLA job-protection? A doctor's note has no legal bearing unless it FMLA is invoked.

The majority of individuals receiving UI benefits were not "wrongfully terminated". Each has different and unique criteria.

My Supervisor confirmed that He gave me permission to be absent on the 16. At the beginning before the Judge he tried to avoid the question, but when he was informed he was under oath he changed his previous statement and remembered everything. Also, the GSM (his supervisor) made an statement saying that I did not work on the 15 on which before the judge he said he based the statement on a piece of paper he found at his office after I showed them documents that I worked that day. On the 16 I made the calls as courtesy because I was already excused. What I don't understand is why they started to tell everybody I was not longer with the company from the 17 while I was sick. I did no wrong; informed & sent them the corresponding paperwork but they terminated me anyways. I'll check the FMLA policy. If this is not wrongful termination, it would be a kind of discriminatory action against me? Thanks for your time:)

If this is not wrongful termination, it would be a kind of discriminatory action against me?

Only if you have a valid and supportable reason to believe that this action was taken BECAUSE OF your race, religion, national origin or other protected characteristic.

FMLA applies when ALL of the following are true:

1.) The employer has 50 or more employees within 75 miles of your location
2.) You have worked for this employer for no less than 12 months
3.) In the 12 months immediately preceding your leave, you worked no less than 1,250 hours
4.) You or a qualified family member had a serious health condition as defined by the statute.

Other protected characteristic:confused: Under the FMLA I'm ok with the three first you mentioned (I worked more than 2500 Hours last year). About the 4th one I will read the FMLA policy. Can I request copy of my contract from the employer? They never gave me a copy. I requested it twice and by the time just forgotten to insist. Thanks.

What contract? If you signed an employment contract or were an independent contractor then the answers may be different here.

But is it actually a contract? Many people mistakenly assume that an offer letter or like document is a contract, when it is not.

It was a contract. I was hired along with 5 more guys as salesman. They kept my contract to add a guaranteed salary in it for the first 3 months as per my request. I don't know if I will need copy of it. Can I ask for a copy? Please tell me what do you need to know to see if I qualify under the FMLA and what my options are under the law? My employer told the A.L. Judge that I was discharged for violating the company's policy of notification and misconduct. After the hearing the Judge found that I did not fail to comply with my employer's policy of notification and there was no misconduct so I was not disqualified under code section 1256. From the prior, is this not a matter of wrongful termination? Is that ok to contact the Fair Housing and Employment Department to file a claim?

To know if FMLA applies, we need the answers to the criteria above. You said that the first three applied, but you did not give us any clue as to the nature of the illness or injury that caused you to leave early, and we would need that to offer an informed opinion.

Receiving unemployment benefits DOES NOT make it a wrongful termination. It is not a wrongful term unless a specific law prohibits the employer from terming you for the reason they did.

It may be a contract violation, but you'd need to take the contract to a lawyer to review to be sure. I don't see why you couldn't request a copy of the contract from the employer.