Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Do I Have a Case Connecticut

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Do I Have a Case Connecticut

    Back in February I had requested an FMLA leave for my own personal medical issue. I was going to be treated for an addiction and let my employer know this (probably a mistake).

    I took the paperwork to my doctor and he didn't have time to fill them out but would do so on my next visit. He asked me when I needed them. On the front of the form it stated that the medical form needed to be returned within 15 days of request. I had just asked for the leave that same day which was Jan 31.

    3 days later I recieved a form that I had a certified letter from my employer that they were unable to deliver because I was not home. I tried to pick it up twice, but it was still with the mail carrier. 4 days after recieving this notice, I recieved a letter from my employer claiming that I was terminated for not returning the forms. I recieved this letter on Feb 9 stating I was terminated as of February 5. I had never picked up the certified letter, but a copy was included in the regular mail letter and it stated that I was supposed to return the medical certification on February 1st which was only 24 hours after my request and I was not informed that they wanted it back so quick.

    I have had no contact with them since I found out I was terminated, but I do feel that it is a wrongful termination seeing as they terminated me within the 15 days that their form claimed I had to return the paperwork. I have NEVER had any reprimands and/or write ups and have been a very good employee. I have also won my unemployment case.

    Any input???

  • #2
    Your winning your unemployment benefits are not related to a wrongful termination. However, the employer MUST give you 15 days for the doctor to get the FMLA certification forms back to them.
    http://www.dol.gov/whd/regs/compliance/1421.htm#2g

    If I am understanding you correctly, you got the forms on Jan. 31 and a termination letter was sent only 3 days later? If that is correct, get on the horn immediately to the federal DOL and file an FMLA violation complaint.

    And actually, it wasn't a "mistake" to let the employer know what kind of "serious health condition" you had. Not only would they have to have had enough information to approve your FMLA, which the certification form would have to include, but being in treatment for alcohol or drug addiction (NOT currently using) can also be considered a reasonable accommodation under the ADA. So, in addition to contacting the federal DOL, you might also be well-advised to contact an attorney about your chances for a wrongful termination suit, then file a claim with the EEOC for discrimination based on (actual or perceived) disability. Note, however, that you cannot sue the employer for such discrimination without a "right to sue" letter from the EEOC (which is almost always given) and then you have 180 days to get the suit filed.
    http://findarticles.com/p/articles/m...9/ai_66935171/

    If I'm understanding you correctly, your HR department is woefully ignorant of the laws in both these issues.
    Last edited by Pattymd; 05-12-2010, 10:18 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Thanks for your reply.

      Yes, you are understanding it correctly. I recieved a letter 3 days later telling me they needed the paperwork by Feb 1, when I had just recieved it on Jan 31 and that I would be terminated if I didnt contact them (this letter was the one I was unable to pick up) and the regular mail letter stated I was terminated as of the 5th (recieved on the 9th). Actually, my job was advertised in the paper on the 8th. No phone call, nothing. We were fairly informal and they would have called me in any other circumstance. We basically didn't have an HR dept. I worked for a municipality and the letter came from the "mayor" who I knew fairly well. I just feel that they wanted to get rid of me because of my "problem".

      Comment


      • #4
        Then my prior advice stands.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          Patty, I employ a strict drug and alcohol policy, so please allow me to play devil's advocate...an employee is hurt on the job...WC pays the bill...I terminate the employee...does that qualify?

          The situation I propose is NOT the same, but has some similiarity.
          Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

          I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

          Comment


          • #6
            Have you tried contacting the employer at all to make sure it wasn't a mistake or misunderstanding? Even if you file with the DOL, they are going to ask what steps you took to remedy the situation or if you brought it to the employer's attention.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

            Comment


            • #7
              Originally posted by CatBert View Post
              Patty, I employ a strict drug and alcohol policy, so please allow me to play devil's advocate...an employee is hurt on the job...WC pays the bill...I terminate the employee...does that qualify?

              The situation I propose is NOT the same, but has some similiarity.
              I'm sorry, qualify for what?
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment


              • #8
                Originally posted by ElleMD View Post
                Have you tried contacting the employer at all to make sure it wasn't a mistake or misunderstanding? Even if you file with the DOL, they are going to ask what steps you took to remedy the situation or if you brought it to the employer's attention.
                ElleMD has a good point. Maybe they're just ignorant of the laws and not intentionally violating them.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                Comment


                • #9
                  Certainly wouldn't be the first time an employer was ignorant of the law.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment

                  The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                  Working...
                  X