Wrongful termination while on washington states family care leave

Asked over 6 years ago - Tacoma, WA

I was terminated while taking my paid vacation and sick leave for an emergency with my father. He was the ICU in the hospital after falling and breaking his back his heart was unstable.Since we only has 49 employees, FMLA was not an option for me. Altough Washingtons " Family Care Act" looked to be a great thing for me (no required number of employees) since I had 2 weeks total paid sick leave and also 2 weeks paid vacation coming.I called washingtons labor and industries to find out if I needed to get a form filled out or what was needed to take "Family Care leave" since I didnt qualify for FMLA. I was told no form needed, if my employer wanted any proof a hospital bill or letter from the M.D. would be all I needed! My boss was ok about it for the first week although not happy, but then after that he wanted me back at work, saying he didnt see what good it does me to sit next to fathers bed and watch him die. Well I managed to keep my cool, and told him it shouldnt be but a week or so more,his heart was getting better with the meds but he was going thru alcohol withdrawl really bad nowand had been for several days. I couldnt leave him, when he awoke he started pulling out/off every thing he could get a hold of,oxygen,heart monitors,cathader, etc. The hospital was full and way understaffed in nurses, and thy had a really hard time wiith my father especially during detox. I found myself having the worst few weeks of my life watching him go thru that,with a broken back, diabetic,parkinsons, but the only other option was to restrain him because he was what they call combative, to tie him down would only make him really mad which was worse because his heart rate sky rocketed, yet me being there I could say DAD its allright you dont need to get up to pee just relax and it will flow in catheder. He was hearing thing seeing all kinds of weird things, trying to pick bugs off of me that wernt there. this was at the time my boss said he wanted me back it didnt do me any good to be there. I needed some support , a hug, anything at this point I was falling apart, the last thing I needed was my boss talking to me like i was an idiot and pressuring me to choose between my job and my father. Besides I had a few weeks left of my paid time off for vacation. everyone I talked to said dont worry he cant fire you, even the doctor that fixed my fathers back. He wrote on a hospital progress report paper that ws made for my father a letter explaining I was needed to calm my father, and needed to give consent (MRI ,CAT SCAN, SURGERY) and that it was medically nessisary that I be there with dates and signed it with the letters M.D. behind his name. I found a place with a bed available to take my father when/if he was released. And after telling my boss he should read the laws of washington family care, and to please not make me choose between my job and my father, after all I was a great employee and had been there for over 14 years, I finally put my consintration on just my father and at this point I was looking to good myself, I was exhasted and a real mess. at the end of the week on friday I called my boss to tell him I would be returning on monday morning. he informed me he had put an ad out and was interviewing on monday for my job. he said he didnt need me back. I was in shock!!!! we went around for over for 15 minutes the phone. He then said he had made up his mind. When I ask what day it was he had fired me, he said I didnt fire you!!! you quit!! Again exhasted and in shock. Its 6 weeks and my unemployment was finally just approved. I gave proof of everything just to get approved for unemployment including paycheck stubs showing my paid vacation dates that lasted long after I had been replaced. I loved my job.my father is getting better and I still havnt told my father I lost my job when visiting him during the day he ask "why arn't you at work?" now I visit in the evenings .What can I do? I dont have much money?

Attorney answers (2)

  1. Avvo Staff Moderator

    1

    Lawyer agrees

    1

    Answered . You might find this website useful: http://www.dol.gov/esa/whd/fmla/

  2. Alan James Brinkmeier

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You might find my Legal Guide helpful "Ethics: Yes I Need a Lawyer!"

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    Online we cannot know what the other details are going on in your case because online we cannot find out those details. You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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