i was fired from my job without good reason or cause and while i was out on family medical leave of act. i even have documentation of everything.
2006-09-28 05:22:28 · 16 answers · asked by daniellemc 1 in Business & Finance ➔ Careers & Employment
No, you cannot be terminated while you are out on a properly approved family medical leave. This is absolutely illegal and if this is the case you should contact your state department of labor to report it. If, however, you stayed out beyond the term of your approved leave then the employer could fire you. If you stay out beyond the term of the leave, then the employer does not have to hold your job for you.
2006-09-28 07:59:28 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Most states allow dismissal without cause. It doesn't mean that you can't file and collect unemployment. Almost always an employer will have to give good proof of an acceptable reason for termination, or unemployment will be granted.
Were you actually terminated while you were on leave or did they terminate you when you came back?
2006-09-28 05:34:46 · answer #2 · answered by Papa John 6 · 0⤊ 0⤋
What are the policies of family medical leave? How long do they give you? If you have exceeded it, they are able to terminate you for no reason (at-will employment). If you are within the bounds of the company's family medical leave time, you can contact the Employment Development Dept and file a claim against your employer.
2006-09-28 05:26:29 · answer #3 · answered by SUZI S 4 · 0⤊ 0⤋
HELL NO!!!! Your employer is an evil-@$$ S.O.B. for firing you with no reason while you were out on family medical leave! You said you have documentation of everything, right? They failed to give you a chance to provide them with proof! Why don't you take them to court and sue them? I think that would be the right thing to do.
2006-09-28 05:35:30 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Call a lawyer.... it's illegal.... and if you were really fired and not "layed off" you can sue. You can actually sue for both if you were out on a family medical leave that is approved by your work place. Like you can't leave because your great uncle died... but if it was a reasonable leave that is approved by the goverment and your work then they can't fire you.
2006-09-28 05:27:00 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I got bad news for you. Thre are numerous states in the union which allows employers to fire employees at will, no reason need be given. And you have no legal remedies in court. Check and see if you live in one of these states. If you do, just forget about it, and look for another job.
2006-09-28 05:26:28 · answer #6 · answered by WC 7 · 0⤊ 0⤋
check out the website http://www.dol.gov/esa/whd/fmla/ which provides details on the legalities of the family medical leave act. You might call a lawyer for a free consultation to see if you have a case, but beware b/c the lawyer wants to make money even if it's "free."
2006-09-28 05:27:51 · answer #7 · answered by writ_rrr 2 · 1⤊ 0⤋
Depends on the state that you live in. You should check with your local state employment office. If you are in a "at will" state you can be fired at any time for any reason.
2006-09-28 05:37:41 · answer #8 · answered by WJVV 4 · 0⤊ 0⤋
Yes you can be terminated. You might have document everything but did you make sure that the document reached the correct person so that action can be taken.
2006-09-28 05:25:16 · answer #9 · answered by ngina 5 · 0⤊ 1⤋
If you feel you were terminated illegally contact your local labor relations board. I do feel it is wrong to even consider firing someone while on FMLA. Hope every thing works out.
2006-09-28 05:26:57 · answer #10 · answered by aggie 4 · 0⤊ 0⤋