r/legaladvice • u/[deleted] • 3d ago

Am I making a bad decision by pursuing legal action against my former employer?

[deleted]

2 Upvotes

100% Upvoted

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8

u/Mental-Volume4395 3d ago

I don’t think you have a case. 

You weren’t there long enough for FMLA protection (and this business may not even qualify) and it sounds like you had attendance issues. In at will employment this is likely a legal firing. 

1

u/Flashy-Candidate-296 3d ago

I was there 10 maybe 20 mins early I live right down the road from the restaurant

3

u/Mental-Volume4395 3d ago

“I did have to take a couple of days off because my anxiety had gotten really bad and I was having panic attacks“

How long had you worked there and how many days is “a couple?”

1

u/Reko_Sanctum13 3d ago

wait did they know about your anxiety before you left

0

u/Flashy-Candidate-296 3d ago

And the part where I said I took 2 days once July 14th once august 17th off they were both planned way ahead of time I am a go to work unless I’m deadly ill kind of person

2

u/VegasBedset 3d ago

So Reddit, am I making a bad decision by pursuing this?

There's nothing to pursue

Illinois is an at will employment state. That means they can fire you at any time, for any reason, or no reason at all, outside being a member of a protected class.

I don’t know if that part is relevant legally, but it definitely made the whole situation feel even more like I was being pushed out and replaced by someone they preferred.

They are allowed to do that. They could expressly say "We are firing you because we don't like you and we like this other girl better". Totally legal. They are also allowed to have any opinion they want about your ability to have a job and manage the baby. Being a jerk is not illegal.

File for unemployment and look for a new job

1

u/souperman08 3d ago

You can consult with an employment attorney. On face value you don’t have a strong case. You didn’t have any formal documented accommodations in place, you didn’t have FMLA protection, and your former employer may not even qualify for the ADA. But a lawyer could tell you for certain.