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Have a Legal Question?


Can I file a complaint to my employer if I feel a senior employee is retaliating against me?

You should speak to HR or one of the people you report to about your concerns, but I would not phrase it as a complaint. You want to point out that though you work for several other physicians and employees, none of whom have made any complaints about you or seem to have a problem with you, there is one (and only one) who has made complaints about you. Pick an example of some of the complaints he made that you can completely refute. You can also explain your concern that this grows out of the old manager who quit and did not like you and you want to make sure that your boss and people you report to have no concerns about your performance.

Do I need legal representation for being falsely accused of elder abuse?

You should always consult with an attorney whenever your employer has made a serious accusation against you, especially when it is false.  In this case, if your chosen field happens to be working with the elderly or in any type of institution that deals with patients, an accusation of elder abuse or patient abuse may bar you from working in this field ever again.  Therefore, it is important that you consult and retain an attorney to at least protect your record and reputation.

What to do if I wrongfully fired and my boss lies and says I quit?

If your employer employs at least 50 people, and you worked full time (1250 hours) for the last 12 months before your surgery, you would be entitled to FMLA, regardless of whether your employer “allows” for FMLA or not.

As to the unemployment claim, you do not have to prove you were terminated.  You need to provide the unemployment office with copies of the doctor notes that you provided to your employer during the 6 weeks you were off, and show them the cell phone or home phone records noting the date you called to say you would be back at work.  You can then explain that this was the date they told you about your termination.  This evidence should suffice to get you unemployment.

Employer says I resigned, but I didn’t.

While the employer cannot claim that you “quit” in this situation, he can terminate you without any reason at all.  What you need to do is send an email or a letter by regular and certified mail stating exactly what you note in your question and make it clear that you did not quit and explain to him that he should not claim to anyone else that you quit.  You can further note in your letter or email that you still stand ready to work.

In the meantime, if you do not hear anything from the employer within 2 days (if you contact them by email) or 5 days (if by letter), you can file for unemployment.  The employer may claim you quit but under the facts you state, you will be able to obtain unemployment.

I’ve been told that if I call in sick or come in late again I’ll be terminated. Is this something I should pursue legally?

If you have been a full time worker for the last 12 months (working at least 1250 hours), and your employer employs at least 50 employees, then your migraine situation could possibly be construed as a “serious health condition” under the FMLA which would entitle you to intermittent leave under the FMLA.  You should probably check first with your doctor to see if he/she considers this condition serious enough to qualify, and then meet with an attorney to review your facts in more detail to see if you meet the conditions for leave under the FMLA.