Q: Wrongful termination due to attendance and FMLA retaliation in Missouri.
I believe I was wrongfully terminated from my job in Missouri due to attendance issues, possibly in retaliation for missing a few days. I worked at the company for almost two years and had accumulated some attendance points, but they were close to falling off. Recently, I was out sick and applied for FMLA, but I was terminated before my application was even processed. I hadn't missed work for several months, except for a covered absence a few months ago and another due to being snowed in. Additionally, other employees frequently use FMLA without being terminated. Were my employer's actions justified, and what options do I have?
A: It is perfectly acceptable to discharge an employee for attendance. If you filed for FMLA but it hadn’t yet been reviewed, the common practice is to wait and see if it qualifies. If you had not formally submitted an FMLA request at the time you were discharged, then the company was acting on the information available. If you had already used up all of your available FMLA, then it would not matter if it would otherwise have been covered by FMLA.
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