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Employment Termination — Can I be
fired for legitimate absences?
My employment was terminated due to
absence. My absences were related to pregnancy issues at first
and then for problems related to an injury that occurred at
work. Is this fair?
If you followed all your employer’s
rules regarding work absences and your work-related injury
qualifies under worker’s compensation, you may be able to file a
claim under that umbrella, according to Johns, Flaherty &
Collins employment law attorney Ellen Frantz. An
administrative law judge would hear your case and if your
employer indeed terminated you without reasonable cause, the
employer would need to pay you an amount equal to a year’s
wages.
Regarding pregnancy-related
absences, larger employers — those with 50 or more employees —
would be required to follow the Family Medical Leave Act and
give people time off for medical problems related to
pregnancy. Smaller companies are not required to do so. But all
employers are subject to pregnancy discrimination laws,
requiring them to treat pregnant employees the same as all
others. That would mean you may have a discrimination
claim if other employees also had excessive absences but did not
get terminated.
Frantz notes you may also be
eligible for unemployment compensation as long as there was no
misconduct involved and you are physically able
to work. Misconduct is generally defined as an
intentional act on an employee’s part that violates the
employer’s interest. Properly reported, legitimate absences do
not qualify as misconduct.
For more information on
employment law in Wisconsin, contact Ellen Frantz at
608-784-5678.
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