Legal Question in Employment Law in Maryland

Do I have a Case?

In Feb 2005 my former boss went to my branch location and interviewed my staff asking if they could tell him of any situation where I would have violated company policy. When my staff told him that I always followed policy and procedures this did not make him happy. He started doing things like making me work 6 days a week. Not sending me updates on policies & procedures. I think so I would make a mistake. then a month or so after he visited my office my mother became hospitalized. I took no time off while she was in the hospital dying. The day she died I called my X boss and he demanded that I come into work. I asked if he understood what I just told him and his response, with total disreguard of my feelings, was, ''I need you to come in now.'' I contacted HR and told them what he did and their response was, '' I think you misunderstood him.'' The next thing I know I'm terminated. I worked there 17yrs with a spotless record, no disaplinary action or write ups. I was given unemployment benefits with no penalties, starting from day one of my termination. The company took me to unemployment court 3 times and lost each appel. Throughout all of this I had a break down and was hospitalized twice for depression. I'm am on medication to date

Asked on 5/09/07, 12:41 pm

1 Answer from Attorneys

Jay Holland Joseph, Greenwald & Laake, P.A.

Re: Do I have a Case?

I am sorry for what you have been through. Whether you have a case may depend on if your former company is covered by the Family and Medical Leave Act (FMLA). Only compainies with 50 or more employees are covered by the FMLA. If they are covered by the FMLA, then they may have been required to grant you leave for the illness and death of your mother. Failure to do so, or terminating you for taking leave, could be a violation of the FMLA. So, more information would be needed to fully answer your question.

Please be advised that responses to inquiries on this web-site do not constitute legal advice, and do not establish an attorney-client relationship. You may contact me if you wish to do so to discuss your issue in more detail.

Jay P. Holland, Esq.

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Answered on 5/09/07, 1:02 pm

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