Q: A mother of a child with special needs missed work to take her child to the hospital & was fired. Wrongful termination?
The child has special needs and had an accident at home. Mother was fired because she was taking care of her child's needs.
A: In general, it is not unlawful to terminate you for "taking care" of your child's needs. However, if you worked for an FMLA covered employer and were FMLA eligible, taking your child to the hospital could be covered by the FMLA. If it was, you may have a wrongful firing claim based on the FMLA.
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