Do I have a case?

Look in your local phone book for Fair Housing and Employment under Government - if you have a case (which they will tell you) then they will take the case FOR FREE!

You may have a case, but; all you may get back is your job

Let me start with the problems with your story. You are vague as to how many days you missed in total and if you were out for an extended period. You may have been fired for job abandonment.

You also mentioned a written warning, did it state what would happen if the problem persisted? If it did you were fired because they told you that you would be fired.

As for your benefits, they can deny them to you if you were fired for cause. If you weren't you can get that pay.

As for blackballing, you would need evidence in the form of testimony or documents showing that your boss had anything to do with you not being hired. It is doubtful you will get such evidence.

A curious thought. If you were having difficulties with this guy why did you list him on your resume or job application?

Three months is not that long to be out of work so there is not much going your way there.

And as for reporting him, you were vague there too. You can try and turn that into a wrongful or malicious temination case, but; again you will need proof of what he did wrong and of the problems in firing you.

In short, you should seek the benefits owed but as for the rest of it, it may cost you more than it is worth, and i don't read you want to go back to this company.

I believe you do.

1. Verify that all your absences were placed on FML. Those that weren't, you need documentation that states you were attending to something having to do with your daughter.

2. You need documentation that you had reported your supervisor.

3. You need documentation/verification that you received no severance pay, vacation time, etc.

4. If you still have the written warning, you also need verification of policies and documentation that you were not suspended from work.

After you've documented and verified all your claims, you need to go, hire a lawyer and visit the company together. File a wrongful termination case, it's illegal to retaliate against an employee.

Unfortunately most jobs are "at will" employment which means that you can be fired at any time without having to be told any reason at all.

Also, with the vacation time and severance, unless stated in your handbook or another form you signed saying that you did get this, then nobody owes you any money.

If policy stated that you would be suspended before termination could take place and did not have any stipulations, then you may have something. You should consult with a public defender.

While companies have policies, normally they allow acceptions if they beleive an action is serious enough.

Basicly they can not follow the warning system if they want to.

Unless you have a specific contract or a union contract.

A company policy is never considered a contract and normally states it is no.

Also FML requires a 30 day notice prior to taking days off, it is normaly misunderstood. ( and there are alot of other requirements in it as to max days, lenght of time on the job to qualify and more.

Yes I would go and get another job and learn from this experience.

I would advise you to contact an attorney in your area and see if you can't get a free 30 minute consultation and see what they say. If policy states that you can be terminated for an un-excused absence, then you're screwed. I worked at a job wjo did the same thing, excused or not...unfortunately I was absent due to being arrested.. lol.. ironic I'm giving legal advice.. lol.. anyway, yeah, I'd suggest speaking to an attorney about your situation and bring facts! And ask around, don't stop at one attorney, they're all liars! Trust me, I'm trying to become one! lol.

You have to move on...but given you mentioned that the supervisor was reported as having engage inappropriate behavior. Was his/her actions retaliatory? The U.S Supreme Court ruled recently (7/20/06) expanding the definition of 'adverse action of employer' which is prohibit by law.

You have a job now though...don't look back. Congratulations.

It sounds like you have a case if your absences were related to your daughter's illness and you definitely had FML time left. I would say that contacting your local Legal Aid office is your most inexpensive option since you're just getting another job. Hope everything works out! Good luck on your new job.

The only way you could find out if he was blackballing you is if you find an employer that didn't hire you that is willing to talk about it. However, I don't see that happening since that would them in trouble as well.

As for the rest of it, I don't know if you could do anything about it or not. I would call and speak to an attorney to find out. Good luck

Talk with some one from the department of labor, If you were approved for fmla, you will be reinstated with back pay. You have to give notice if you need leave, but timely notice depends on the circumstances and can be retroactive for two days after the absence, more if it occurred on the weekend. Contact them.