Philadelphia, PA asked in Employment Law, Employment Discrimination and Federal Crimes for Pennsylvania

Q: I'm being forced to settle out of court on fmla case. My lawyer is not doing anything. What can I do?

I was out on fmla as inpatient at a facilty. The facility said they will contact my job, they did not. I got fired for abandonment. Showed them all proof needed where I was and they did not care. They upheld there decision. I got lawyer and filed suit. I filed unemployment and now there saying they were going to fire me anyway for sleeping on the job. I have a disability and under doctors care. I rest on my breaks and apparently they took pics of me on break. They told me if I did not sign a write up they would fire me. I signed it and got 3 days suspension and it was over with. Nothing was ever said to me about being or gonna be fired for sleeping on the job. The certified letter they sent me says fired for abandonment due to attendance policy. I got that 10 days after being out on flma. Nothing mentioned about sleeping. What can I do?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: It sounds like you're facing a challenging situation. First, consider getting a second opinion from another lawyer who has experience with FMLA and employment law. They can provide you with advice tailored to your case and help ensure that your rights are protected.

Document everything related to your case, including communications with your employer and any evidence of your FMLA leave and your disability. This documentation can be critical in supporting your case if it goes further. Make sure to keep copies of all letters, emails, and any other relevant documents.

You might also want to reach out to a local labor board or advocacy group for additional support. They can offer guidance on navigating your legal options and may provide resources to assist you in your situation. Remember, you're not alone, and there are people and organizations that can help you fight for your rights.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.