amplias
i was fired from keystone equity group march 15,2006. i had surgery march14,2006. the temination papers said no call no show,but i have papers stating that i was going to be out for surgery. do i have a case?
Re: amplias
If FMLA applies to you, i.e. you are eligible, then yes you do have a case and possibly a very good one.
But I must admit some skepticism. First, have you been employed there for more than one year and within that year worked over 1,250 hours? FMLA does not apply to parttimers and does not apply to newcomers on a job. These are very very strict requirements and there should be no dispute that you meet these qualifications.
But I think a more likely and bigger hurdle is the 50 employee rule. You are in Gadsden. Do they employ over 50 people in the Gadsden office full time? Or within 75 miles of their office in Gadsden? Depending on where in Gadsden their offices are and where in Birmingham the offices are, you may be able to congregate these as one office. Sometimes employers deliberately choose offices so that they are more than 75 miles for precisely this reason.
Nevertheless if these two basic requirements are met, then I would be very interested in talking to you further. I love FMLA cases and am hot on one right now. If they violated the law, there are almost no defenses and by the facts of your case, if they are subject to it, they violated the law and you should recover twice your back pay, reinstatement and maybe more.
Please send me an email at [email protected] and I can answer any other questions you have. Thank you and I look forward to hearing from you.
