while you might have a legal position, you'd probaly be better off in the end just to put it behind you. then get even by getting a better job.
I've never been fired, but I quit a few on a principle (I don't regret them, but for the record you can't eat your principles and you might get a little hungry b4 the next job).
in the month b4 my first child was born my wife was in the hospital probably 20 out of 30 days. unproductive labor every other night, and finishing up with a week long stay in the hospital whith sevier infections. I was given the out look that she might not make it through and my son likely wouldn't.
the morning after she was admitted for the week long stay, I showed up at work 1/2 hour early and had all my work done3 hours later. gave the girl up front answers to calls I was expecting, and a forwarding # to the hospital room, I also took a few file with so I could use them to answer questions (was expecting one or 2 calls from bigger clients)
so I stop by the bosses office to tell him that my work is squared away for the day and that I'd be at the hospital with my wife if anything came up.
he tells me he doesn't think it's important enough for me to miss work and to get back to my desk.
so I calmly explain to him that I wasn't asking I was just letting him know where I would be. and also informed him that my wife could very well die and my son wasn't likely to be born at all, and if either of these things happened I inetended to be there, by her side when they did.
he asked if she was on the 'critical list'
the last words I ever spoke to the man where-"I don't work here anymore, and if your mouth opens again before I make it to the door you'll be on that list"
the point is- while I was very broke for awhile and it was over a 1 1/2 years before I worked my way up to making the money I was making then, I don't regret it a bit. the money isn't worth surounding yourself with petty little people like that. I was showing the simptoms of an ulcer at 19 years old (no problem since leaving there 18 years ago), and hated every day of my life.
be the bigger man, put the a-hole behind you and move on.