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chinanchi
10-19-2004, 03:49 PM
NY state-
Can your employer verbally tell you if you are out one more times for whatever reason, you will be terminated? I have a young child with asthma and the company knows this, but continue to give me formal written warnings. If they do terminate me, do I have a legal leg?

LConnell
10-19-2004, 03:53 PM
Yes, they can, so long as they are not singling you out in comparison to others with similar attendance patterns. Otherwise, you do not have a legal basis of complaint.

ziles
10-19-2004, 05:37 PM
If your absence is because of an ill child you may be protected.

"The FMLA requires certain employers to allow their employees to take up to twelve weeks of unpaid leave a year to care for a seriously ill family member, to recuperate from their own serious illness or to take care of a newborn or newly adopted child. In most cases, the employer must reinstate the employee when he or she returns from leave." more information at

http://public.findlaw.com/employment_employer/nolo/ency/BC32DE80-7A04-4E33-AFF1E5291CDB37C9.html

I hope this helps.

Best of luck.

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