Any Labor Lawyers out there?

Question

I had someone to call in personal time for me (I was unable to call) I later called in and requested vacation time which was approved (I was already on vacation the previous day). Note I did have ample sick and vacation time. This is a common practice. I did go to the emergency room and followed up with primary care doctor and a specialist. Did a Breech of Trust occur? What are options if terminated? (Bank Employee, Excellent Attendance, Excellent Reviews, over 20 yrs Employment.

Answer 1

You have 15 days to provide your employer with notice that you were "Incapacitated". You can get the forms from your employer that you need OR you can request your physician at the ER to give you such an excuse under the Family and Medical Leave Act. You provided your employer with notice as to the absence, but you must still provide them with adequate notice of your incapacitation. No, a breach of trust did not occur, however a breach of your rights under the Family and Medical Leave Act may have occurred.

Answer 2

It sounds like there they are talking about a termination with cause. Most states are at will employers. If the nature of your discharge makes you inelligible for certain benefits such as unemployment or a special pension, this is worth fighting. Your former employer is most likely within their right to terminate you, but they may have to pay unemployment compensation and give you full benefits according to how it is listed in the employee handbook. If the employee handbook says that you are to paid for unused sick and vacation time upon termination, then they have to do it.

The only time termination is illegal or that you can get your job back is if they terminated you for an improper reason such as race, religion, sex etc. Those are protected.

I would read carefully your employee handbook and check to see what the Breach of Trust does to you as far as compensation goes. You should also check to see if you are under an arbitration agreement. These are almost always held up in court if they are signed at the start of work. You can also contact your HR office. You can even complain to them and ask for letters. Your state department of labor can give you more info that is fee free. Lawyers can be very expensive.

Answer 3

I am not a Labor Lawyer but if you work in an Employment-at-Will state such as this state I live in Texas, if your employer wants to let you go, he/she they certainly can do so.Your employer does not have to give you a reason for letting you go in my state, no matter how good of an employee you have been with them.

To find a Labor Lawyer, look under your state's bar association and research for the type of lawyer you are looking for.Also you can call your local bar association in the county you live in and they can give you names of attorneys to contact regarding your questions.