i was fired 3-16-2016 for attendance. i was off for 5 weeks when i got a call from HR to come back in full back pay and a apology.that was Monday 4-25.i went to work the next day only to find out the return to work letter that i was to sign was not ready and after several attempts by my union president to get with them to sign it was told i was being suspended for further review of my case. i worked from 6:30 till 1:15. the reason i was brought back in my mind is their fmla contact company failed to follow company procedure on contacting them and i when my fmla was up for re-certification.
Harassment for calling you in to work and then suspending you? That does not sound like a viable suit. More importantly, it sounds like you are a member of a union. Almost every union contract provides for final and binding arbitration after a grievance process. You may want to ensure all appropriate grievances are filed and push your union to pursue them.
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If I am understanding your question correctly, your termination for attendance was for an absence which should have been covered under FMLA, but which ended up not being covered because of a mistake by an agent of your employer. Under the Family Medical Leave Act, 29 U.S.C. §2601 et seq. , an employer may not interfere with an employee's FMLA rights or retaliate against an employee for taking FMLA leave. In order to invoke the protections of the FMLA, of course, the employee must cooperate with the employer in seeing that forms are properly filled out and timely filed with the employer, and so forth. Where the employer itself, or agents of the employer, fail to do their part, and the employee is denied FMLA as a consequence, the employee may have a cause of action against the employer. Also, if the employer retaliates against the employee for taking or applying for FMLA, the employee again may have a cause of action against the employer. However, whether action taken by the employee in attempting to take FMLA is sufficient under the law, is often a rather gray area that can be finally resolved only in a court of law. I would recommend that you contact an employment attorney experienced in FMLA law, to determine whether you might have a case against your employer.
This isn't harassment, but I agree with my colleagues that any potential remedy would most likely be possible in the form of a grievance from your Union and/or under the FMLA.
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