Wrongful Termination north carolina

[harrisonj16]

I was terminated today upon my return from an approved medical leave of absence. The reason for the termination was excessive absence. I provided the employer with all necessary documentation for the absence, and was under the impression it was not an issue. Also, my most recent performance review in late March was exceeding expectations, so performance was not an issue either. Although I do not qualify for FMLA, the company policy states a medical leave of absence is permissable for up to 6 months ( I was out 35 days) based on my situation. The diagnosis is bipolar disorder and I feel that somehow my employer garnered this information and is using the mental aspect as a determining factor. What recourse if any do I have?

[LConnell]

If the employer is making this decision because of your bipolar disorder, it could be seen as discrimination on the basis of disability. www.eeoc.gov. While the Americans With Disabilities Act does not require that employers provide time off so that the person can take a leave of absence, it does say that those with disabilities cannot be treated differently than persons without a disability.

So, the question is, what is the practice of the company with others who are out for a long period of time?

[harrisonj16]

In my position, I processed several LOA's for maternity leave, and there were no repercussions. Policy states that "Full-time employees must have been employed 12 weeks, with a maximum leave period of six (6) months. A Certification of Health Care Provider must be submitted for Medical Leave of Absence." I have been employed since August of last year, and provided the Certification of Health Care Provider for the entire period I was out. I also just received information that the employer is leading my subordinates to believe I quit to take another job. Do I have a possible case of wrongful termination?

[LConnell]

It will be difficult to prove. There needs to be some sort of link between your termination and your bipolar, whether it is a witness who can verify that the employer has made disparaging comments aobut your disability or something similar.

As you probably know, it is not illegal to terminate the employment of a person with a disability, as long as the reason for the termination is not the disability. Excessive absenteeism could be a legitimate reason for termination.