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I was recently terminated for using too much unpaid leave. But I think my company was part of the problem. What can I do?
Seattle, WA
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Posted 5 months ago in Wrongful Termination
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I worked for a large company. I told them that I have a strong sensitivity to perfumes/colognes/strong smells and that I can usually control it, but if the smell was too strong I got migraines. However, my lead started wearing perfume. Which gave me almost daily migraines. I was told to get then under control or I'd loose my job. I did so, but I used all of my vacation time doing this. So, when a personal crisis came up that made it difficult to manage my depression, I needed time off, I had to take unpaid leave. They said to take what I needed to get things straightened out, but when I got back to work they took me aside and fired me. I was always more open about my medical situation than I needed to be, with the migraines and depression. I had been written up twice, but was on the mend.
Answers (1)
Ryan Pauley
This attorney is licensed in Washington.
Posted 5 months ago.
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Thank you for your question. I practice labor and employment law in Seattle and have dealt with numerous work related issues.
First, I agree with my colleague that the American with Disabilities Act is relevant, but there is also a potential worker’s compensation and family medical leave act (FMLA) claim. In regards to the FMLA, one of the big questions that must be answered is does the employer employ at least 50 employees which is necessary to establish coverage under the FMLA. If there are 50 employees or more, and you were fired for taking FMLA time off then this is likely a big time violation of federal law. An employer may require an employee to use vacation for an FMLA condition so using the vacation is not an issue. The workers’ compensation claim would likely be at issue if your medical condition was caused by something at work. Again, I would need more information to accurately answer your questions. I hope this information finds you well.
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