I was fired while on FMLA. After the state finds I was wrongfully fired, what is my family and I in-titled to?

Question

Indiana

Answer 1

Maybe nothing. It is legal for a company to terminate an employee who is on FMLA under certain conditions:
-the employee exhausts the available FMLA leave (12 weeks in most cases)
-the company experiences a substantive change in business which requires the elimination of the employee's job (reduction in force, moving jobs to another location, financial problems, etc.)
-the employee is offered alterative employment and refuses to accept the position.

From the company's standpoint, they probably feel that they terminated you for one of the reasons above as opposed to firing you for cause. Be prepared to defend your claim with any documentation and information you possess. Going to the state dept of labor was a good idea; however, the government does not move too quickly so you may also want to contact a local labor attorney who works on contingency (they get paid a percentage of the award they win for you.)

In any case, your family is not entitled to any compensation. This is a legal issue between the employee (you) and your company. If you choose to share, that's up to you. :)

Good luck.

Answer 2

That depends on whether or not they DO find that you were wrongfully fired. It's not necessarily illegal to terminate someone while they are on FMLA. And FMLA is a federal law, not state.

The state might or might not find that you're eligible for unemployment compensation. Unless you were fired for cause, that will likely be granted to you.

Answer 3

might as well call an employment attorney to see if you have a wrong full termination case

Answer 4

i don't know myself but you can try researching it online to find out your entitlments....good luck