I was out of work with a non work related injury for 3 weeks. (I bruised my heel bone and I'm a bartender at a golf club)
I am ready to go back and have my Dr.s permission to do so.
Before the injury, we were short staffed. My boss hired 2 new bartenders in my absece and they have been covering my shifts. When he told them I was coming back, he was told by them that they will quit if they cannot have my shifts. I only work 3 nights a week and have been working here for about 1 year and 4 months.
He let me go because they have schedules that are more flexible.
Do I have a case?
I live in Illinois if that helps and thanks for any answers!
2007-05-17 16:36:56 · 6 answers · asked by Crazymom 6 in Politics & Government ➔ Law & Ethics
You should have case because of FMLA. but that wont be the reason your boss said they let you go.
http://www.hrresource.com/glossary/fmla?ct_category=yahoo&ct_keyword=illinois_fmla&OVRAW=fmla%20illinois&OVKEY=fmla%20illinois&OVMTC=standard&OVADID=2404592021&OVKWID=22883406021
2007-05-17 16:58:47 · answer #1 · answered by robin b 5 · 0⤊ 0⤋
There is no law that prevents your boss from letting you go.
As long as he had not physically abused you, verbally abused you, sexually harassed, or racially harassed you I feel you have no case against him. As the owner of the bar, the bartender has the right to hire and fire who he wants as long as he doesn't break the laws I mentioned above.
I suggest if you're good, you'll find another job and maybe a job with more hours. If you're not a good bartender, then maybe your boss had a reason to terminate your employment.
2007-05-17 23:55:32 · answer #2 · answered by txguy8800 6 · 0⤊ 0⤋
You could try if you are a woman or minority, but first you need to seek real legal advice from an advocate. Most of them have free sessions to evaluate whether you have a case or not. So take the initiative to contact an advocate that deals with employment law, Yahoo Answers would be the last place to seek answeres to such serious legal matters. Olus don't tell anyone one that you are intending or thining of filling a suit, keep it to yourself for you own good.
2007-05-17 23:49:32 · answer #3 · answered by nasnoela 2 · 0⤊ 0⤋
You have no case because you hurt yourself off the job. Unless you have a contract saying that your employer would hold your job for you if you were injured.
2007-05-17 23:54:15 · answer #4 · answered by DOOM 7 · 0⤊ 0⤋
Yes. Talk to an attorney about your rights under the FMLA. You can probably get this taken on contingency.
2007-05-18 00:31:08 · answer #5 · answered by LawMom 3 · 0⤊ 0⤋
No...unless you had an employment contract...you really
don't have a case. And you worked part-time.
2007-05-17 23:45:24 · answer #6 · answered by Anonymous · 1⤊ 1⤋