Legal Question in Employment Law in Georgia

Hi I have a issue with my employer about I had a no call no show, Because I have been under stress for a week now that my mother is in Hospital I'm having take care of her affairs and I'm one of her caregivers.The issue is I was a no call no show because of this reason of being with my mother and I got a doctor note saying this but I still was wrote up because of the no call no show and dealing with the issues I'm at now..I'm under a union shop which they really have not did me any real service in fighting the Corrective Action that was taken on me for illness in the family.

I would like to know is there any legal way I can deal with this issue because I have a doctors note from my mother's doctor excusing me from work.This has caused me more emotional distress then I need for the actions of my employer at this time.

Asked on 12/31/13, 2:16 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

If you are trying to ask whether you can spend time and significant money on a lawsuit against your employer because they have rules about no-shows, the answer is no. It is unfortunate you have having family issues, but the employer makes the rules and are entitled to enforce them, including termination. You may want to take leave under the FMLA.

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Answered on 12/31/13, 2:22 pm
Lisa Golan Lisa B. Golan, Attorney at Law

Under the Family and Medical Leave Act (FMLA) you may be entitled to take leave for a set time period or intermittent leave on an as needed basis to assist your mother. It's unclear whether your mother's doctor has already provided your employer with the information needed to obtain such leave. I would recommend that you obtain a copy of your employer's FMLA policy and request whatever leave is appropriate to assist you in this situation. Unless your employer had already approved FMLA leave before your "no call, no show," your employer may be entitled to count that incident against you. The FMLA generally requires you to comply with your employer's normal leave/absence requirements. For more information on the FMLA you may want to review information available from the United States Department of Labor at or you can contact an attorney who represents employees.

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Answered on 1/03/14, 1:13 pm

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