Should I sue?

Question

I was fired from a job b/c my daughter was in the hospital. They said since I couldn't be there then I should stay at home and take care of my child. Everyone I talk to tells me to sue but I wasn't there for a very long time. What should I do?

I was there for about 4 months

OK let me clear something up that I failed to menthod, I was on leave for my underage child, I am not married, when they fired me. I was going to come back to work after only being away for about a week and they said no. This place employs about 100 ppl. I feel that they were wrong and yes I need the money!! We are in another town and have been here 2 months this time. I was looking for a little compassion my bf's job is being awesome and helping out. But I get fired!

Answer 1

The FMLA (Family and Medical Leave Act) does not protect an employee until they have been working for the employer for at least a year. Unless the state has decided to use stricter guidelines than the FMLA (and I don't think there are any states that have when it comes to minimum time in employment), and the employment contract says nothing about medical leave (I'm guessing you're an at will employee, so I'm going with no), you are pretty much out of luck.

Even if you did decide to sue, court and lawyer fees alone would probably put you over what you would make. Unless the company is small and does not want to risk losing for financial reasons, they could keep you tied up in the legal process for quite a while.

Answer 2

You are not giving enough information. How old was your daughter? Why was she in the hospital?

If your daughter was a minor, and needed treatment you needed to sign for, then you may have a claim for wrongful termination.

However, is your job union? Did you have an employment contract? Had you ever received any reprimands for anything at your job?

These issues would also play a part in whether or not you were wrongfully terminated.

The best thing you can do is ask an attorney that deals in wrongful termination. However, be aware that it is costly to pursue such a claim and most reputable attorneys would make sure that the time and expenses it would cost to pursue this would be worthwhile as it would be a contingency contract.

Answer 3

Ok, you say that "They said since I couldn't be there then I should stay at home and take care of my child." This means they gave you permission to take off of work, right? They said that as long as she's sick, you get a temporary leave? In that case, I'd confront the company and tell them that they can't renig their deal (and I hope if this is the case you have it in writing). However long you've been on the job doesn't really matter. Try to talk to the company first. Next, get the labor board involved. Don't sue until after you spoke with them.

Answer 4

firs of all it depends on what state you are from. Talk to a lawyer usually they will do a free consult.
Second in the State I am from they cannot fire you for a family emergency as long as you make all possible attempts to contact your employer as soon as you could but that is only for immediate family and your child counts.
Third ask yourself how much did you really like and need this job and if it would be worth suing over it because i can guarantee that when your next employer contacts them the suite will be mentioned and you may not get the job however they can't discriminate over a law suite but they may find another reason for not hiring you

Answer 5

The Family Medical Leave Act only covers companies that employ 50 or more people (at least it did back when it was passed).

You need to rephrase that first statement. You were not fired because your daughter was in the hospital; you were fired for not showing up. It shouldn't matter to them whether it was because of your daughter or because you were drunk. To them, an empty position is an empty position, whatever the reason.

What should you do? Find another job.

Answer 6

As with all legal questions, the answer is "it depends". You didn't really give enough information, so first, you need to educate yourself to the law a little bit. Visit the US Dept. of Labor website to learn if you may be protected under the Family Medical Leave Act (FMLA)

http://www.dol.gov/esa/whd/fmla/

After reading the information on the above page, if you think you have a claim, you should talk to a lawyer, who can properly evaluate your facts and legal circumstances, and tell you if you were improperly terminated, and whether you have a cause of action.

Answer 7

The Family Medical Leave Act of 1993 only applies to employers with 50 or more employees. If you employer falls into that category, they check out the FMLA website that I have posted below.

The laws of your state might provide more protection than the FMLA, which is a federal law. Contact a law labor law attorney for more complete advice.

Answer 8

I thought there was a law on the books that a company can not fire anyone any more because of illness in the family and you are the only care giver. I think you better check this out with a corporate lawyer.

Answer 9

~~~ if your daughter is underage and counts on you for all her support,,financially and emotionally and physically ,,most DEFINATLY your employer had no right to fire you because you needed to be with your daughter and YES you should sue your employer,,,BUT if your daughter is older and has a husband that should have been at her side,,,unfourtunatly your employer may see it differently,,,, And yes,,,it should not matter what age your child is, because no one can ever replace a mother,,,,but I think once a child is of age the law does not require you to be there 24 / 7 unfourtanatly,,,,,,if she is underage,,,YES I would bring legal action agains my employer no matter how long I worked there,,,,,

Answer 10

Medical leave isn't good until 6 months to a year, depending on the state. You're out of luck.