Hi my name is Lauren. I worked for a small company in Houston that distributes empty containers. I was employed at this location for 8 months. Throughout these 8 months, I had problems with my allergies. I kept getting sick on and off. So I decided that it would be a good thing for me to see a allergy specialists since I had these same problems as a little kid. I mad the appropriate appointments and I notified my boss what days I would need to leave early and I gave her all my appointment times. Also, I brought all of the doctor notes from every day that I had had to go to the doctor. Once I brought them all to her, she didn't say much. The very next day, she came to me and said that they don't have full time spot for me with their company any longer and that they are going to have to let me go. I know this isn't true because they were still planning on hiring one more person for the office and they had also just hired one additional sales person. I believed that they let me go because of my sickness. They had no problems before I went when I told then the dates. I even informed them that I needed to have a Sinus Catscan. She had no problems with this until the day after I came back. I don't understand why this was done. Could someone please help me? I appreciate any input.
Thanks!
Lauren :confused:

Because you had not worked for this company for 12 months, you were not entitled to any protected medical leave. The fact that you brought in doctor's notes does NOT mean that your employer was required to excuse the absences. Since the absences were not protected, your employer had no legal obligation to allow you to leave early or come in late for doctor's appointments. It was legal for them to let you go.

I had gotten it approved ahead of time. I didn't just decide to do this on my own. They approved everything before I had left. They had no reason behind this because I have never missed any days at work prior to these days. If they approve something, they can't just turn around and fire you for it. Plpus, they told me the reason they were lettling me go was because they didn't have any full time work available for me anymore and that they decided to let me go. They didn't even tell me that it was because of me being gone on my appointments. They made up a different reason just to cover them and frankly, I think that is discremination because of my sickness. I plan to persue this matter further.

Even if they are lying, there is nothing in the law that says that they can't lie to you. There is also nothing in the law that would say that they have to hold your job, even IF they did approve it.

There are only 2 laws that MAY even remotely protect you here, the first is the Americans with Disabilities Acts (ADA). In order for allergies to even be REMOTELY considered a disability is if your allergies have a habit of threatening your life i.e. anaphylactic shock. In that case, the EEOC would probably buy that an immune system is a major life function like thinking, breathing, eating, etc. Your case for this is very weak.

IF you actually could get your former employer to fess up to the real reason for your termination, the only other thing you may have a case for is detrimental reliance. Basically, you relied upon their word that you could have this time off, and the reliance was to your detriment.

Honestly, you will spend more in legal fees than you could ever collect from this company. You certainly find an attorney to take your case because there are plenty of them out there that will want your money.

BEST OF LUCK ANYWAY.

Lauren, you are incorrectly assuming that if the time is approved, they cannot use that time against you in any way. That is not correct. It is possible for them to approve the time AT the time, but when they see the cumulative amount, decide that it's too much and terminate you for excessive absences.

You also seem to be under the incorrect supposition that you cannot legally be fired for anything that remotely touches illness. I assure you that this is not the case. You cannot be fired BECAUSE you took protected medical leave (but the leave you took was not protected - there is a difference between legally protected and company approved). You cannot be fired BECAUSE you have a disability that qualifies for protection under the ADA. Nothing in your post suggests that this is the case. You CAN be fired for excessive absences, even if they were due to illness, even if the time was prior approved, even if you provide a doctor's note.

Bears has correctly assessed the potential laws in question. Your case under either one is extremely weak, and would probably cost you more in legal fees that you would gain, even if you won, and the likelihood that you would win is not great.

You will probably qualify for unemployment.