Point me in the right direction about this legal concern.?

Question

I you have to miss work to take care of a disabled family member and are fired for missing that time what organization will represent you?
Mind you, my employeer knew about the dissability(multiple sclerosis) and knew that it was unpredictable and this person depends on me. Legally I can't let their health go bad so I need some links and advice as to where I should be looking.

Answer 1

This is a Family Medical Leave Act issue. If the situation doesn't fall under that law, then you will not be entitled to keep your job while out.

No organization will represent you if you have no legal right violated. You can try the ACLU though.

Answer 2

If the employee needs to take time off to care for a sick family member then the employee must inform the employer, preferably in writing. Depending upon the company policy and the availability, the employee may be able to use FMLA for time off. That may not protect the employee - depends upon the circumstances.

There is no organization that represents employees who have been terminated and claim discrimination. The employee should hire an attorney who works in employment law.

A complaint of discrimination is filed with the state's Human Rights Department and/or with the EEOC. Look at www.eeoc.gov and search for your state's Human Rights Department.

Answer 3

You need to look into FMLA. You are entitled to 12 weeks Family Medical Leave of Absence per year, but there are restrictions on the relations you can care for. Was this person a cousin, aunt, grandma, what? That will matter. In addition, you should always fill out the proper company paperwork for FMLA, but that can be done after the incident. The other issue is whether they specify that you were fired for this absence - in other words, can they say it was for some other reason if pressed on the issue? Employers can fire you for any or no reason in an "at-will" employment state, with some exceptions like FMLA. Your best bet is to look into FMLA, but again, it will depend on the person's relationship to you. The company cannot fire you for an absence covered under FMLA.

Answer 4

Yep, Family Medical Leave Act should have it covered.

However, there are some hoops that must be jumped for FML to apply. Did YOU comply with FML requirements?

You need to contact your state's Equal Employment Opportunity Commission Office a discuss your options.

Good Luck and God Bless.

Doc

Answer 5

Well, if you were unable to perform the job because of this problem, in some ways it may be your employers responsibility to let you go. It's his job to put the company first. On the other hand, I don't know the laws in your state. Try looking for a lawyer in your area who specializes in labor laws (call some local unions to see who they might recommend).

Answer 6

i believe your situation must be covered under the family medical leave act. Try to research on it or get a lawyer to help you with the process.
You definatelly have a good legal claim here!

Answer 7

Contact the Department of Labor and see if you were covered under the Family Medical Leave Act. I doubt you were because I think you need to file for it and it does not sound like you did...

http://www.dol.gov/dol/allcfr/esa/Title_29/Part_825/29CFR825.401.htm

Answer 8

you have to go to the Labor Board in your area, if your employer knew about your situation you can't be fired for it.

Answer 9

Try Unemployment.

Answer 10

i concur with the above, BUT you can't take legal action on your company as painful as it may be. it isn't their fault that your family member is sick just as much as it isn't you family member's fault for their illness. that's life.