through 2012 i had periods of time that were approved by the employer for FMLA but i still had attendance violations that they did not revert after my FMLA was approved ... i was disciplined while the FMLA was being processed but after approval the dates were still kept in file as disciplinary to the point i was almost fired. My employer also misplaced my files from 2012 although i had them all. my question is can i sue for the trouble it caused me and the emotional distress i had to seek treatment for from worrying about losing my job.
If you are fired due to absences that are, or should have been, FMLA covered, then you would have an FMLA claim. You would be entitled to backpay and liquidated damages that are based on the backpay. Unfortunately, the FMLA does not allow for emotional distress damages. If you were not fired, you are unlikely to have any claim.
Kirk J. Angel is an experienced North Carolina licensed attorney who focuses his practice on employment law. Mr. Angel, who has focused on employment law for more than 15 years, represents clients throughout North Carolina and more information about him is available at www.theangellawfirm.com This response is for general informational purposes and does not constitute legal advice. Additionally, this response does not create an attorney client relationship. If you need legal advice, please contact a lawyer in your state who practices in the appropriate area.