Re: Discrimination?

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On 2/24/06, Cyndi Burch wrote:
> I was fired last Friday from my part time job at small
> town gas station in Indiana. The reason I was fired is
> because my 3 y/o son was seriously ill with pnuemonia and
> the Type A Flu and our doctor recommended that I stay home
> with him, because he required breathing treatments and
> being uninsured, we were trying to keep him out of the
> hospital. I was scheduled to work on Tuesday 4pm-8pm and
> Thursday 4pm-8pm and Friday 4pm-11pm. On Monday afternoon
> after his doctors appointment, I called my boss and
> explained the situation to her. I told her I would be
> taking the next few days off depending on his condition.
> On Thurday morning, I called her to let her know that a
> coworker would be covering my shift. She asked at that
> time if I'd be working on Friday to which I replied I
> don't know, it depends on how he does through the night.
> She said call first thing in the morning. So I called at
> 8am to let them know I would be able to work that evening
> and was told we have your shift covered, don't worry about
> it. Later that day, I went into the station to give my
> bosses the notes from my doctor advising I stay home with
> my son and to find out my schedule for the next week. I
> saw that my name was not on it, so I called my boss and
> said I'm not on the schedule, are you firing me? Should I
> turn in my key and she said yes, and yes, you should turn
> in your key. The reason I asked is because my boss is
> known for just taking people off the schedule without
> saying you're fired. I feel I was wrongfully terminated,
> because a coworker's mother was hospitalized for heart
> surgery and had complications, she missed several days
> work and her shifts were covered. She continues to work
> there. She is willing to speak on my behalf. Another
> coworker currently has an abcessed tooth and her shifts
> are being covered. She is also willing to speak on my
> behalf. I was a good employee, and a good coworker. I was
> on time, covered shifts whenever I could and missed very
> few days. I got fired for taking care of my child. Is
> there anything I can do? Do I have a case? I cannot afford
> to pay an attorney if this case goes to court, can my
> employer be required to pay, since we wouldn't be here if
> not for her?

No, this was not discrimination or a wrongful termination.
The law doesn't require everybody be treated the same 'just
cause. There could be valid reasons why this co-worker
wasn't fired and you were. Maybe she never missed work
other than this one occasion with her mother; maybe she was
much more senior than you are; maybe she's related to the
owner.

The only claim you would be able to make is IF you were
entitled to leave under the Family and Medical Leave Act,
which would apply if all the following conditions are met:
(1) The employer employs at least 50 people; (2) you worked
for the employer for at least 12 months; and (3) you worked
at least 1,250 hours for the employer in the twelve months
before you took time off to care for your son.

My guess is that the FMLA doesn't apply.