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Old 09-13-2007, 03:16 PM
AtlTournant Offline
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Join Date: Apr 2007
Location: Metro Atlanta
Posts: 165
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Quote:
Originally Posted by foodnfoto View Post
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You have protection under the Federal Family and Medical Leave Act which allows an employee up to 12 weeks of unpaid leave due to the birthor adoption of a child, death or severe illness of a family member or illness of the employee themselves. You then have the right to resume your previous position as long as you stay in contact with your employer and advise them as to your progress toward rejoining the establishment. The EEOC are state agencies and their employees are not necessarily well versed in Federal statutes.
If your employers have reasons to terminate your employment other than your illness, you have the absolute right to see those reasons in writing before you are officially terminated.
From what you describe, you might very well have a credible case for obtaining at least some back pay and possible reinstatement of your position. I would certainly spend the money to have a conversation with a labor lawyer to explore your options. At least you can get a clear picture of what your rights and responsibilities are in addition to the legality of your employer's actions.

thanks,foodnfoto.

One small glitch,though:since I was at the job less than a year,I did not qualify for FMLA.I spoke with FIVE labor lawyers [trust me,I was hammering to find a way!] and that one fact alone shot any chance of being able to go after them.

Another issue was that GA. is a "Right to Hire/Right to Work" state;they can get rid of you for no reason at all and you can leave with no notice.You also sign an agreement stating as such when you are hired at any job here,be it kitchen or office work.
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