Last year I had a baby and was out on maternity leave and FMLA. I returned back to work 4 weeks early from my FMLA, I decided to use up the last of my FMLA last month in April before my daughter turned one and couldn't use the time anymore. While I was on FMLA with one week left I had to have surgery and have my gallbladder removed, so at that time my doctor placed me on disability for 2 weeks. I called my employer the friday before the Monday that I had to be back from my FMLA to let them know that I was on disability, my h.r. rep told me to send in my dr.'s note. So the following week when I went to the dr. for my check up the dr. gave me a note stating I was going to be off for one more week. I mailed it in to my job. That Thurs. I received an email from an ex coworker saying that she heard that I had gotten fired because I did not return from my FMLA. When I called them up on fri. they told me that I was fired because I didn't come back when I was suppose to. Is this legal? Help?
2007-05-29 19:07:02 · 7 answers · asked by ugly betty 2 in Politics & Government ➔ Law & Ethics
if this is legal can you tell me how so?
2007-05-29 19:25:30 · update #1
I reside in California
2007-05-29 19:27:42 · update #2
Yes, this is perfectly legal. It is called the Work at Will Law. It means that your boss can fire you at any time for any reason, and you have no legal recourse.
2007-05-29 19:45:37 · answer #1 · answered by jglawson80 3 · 0⤊ 0⤋
It depends on if you live and work in "At Will" states. At will means an employer can fire you for whatever reason they choose. It is legal, but not very nice and certainly not reccommended due to the bad will it can produce in the workplace and the community as a whole.
2007-05-30 02:25:32 · answer #2 · answered by Kevin k 7 · 0⤊ 0⤋
If the days were approved under your fmla they cannot fire you. Were the days approved? FMLA is for job protection.
2007-05-31 05:18:22 · answer #3 · answered by dymund_5 1 · 0⤊ 0⤋
while you are off on disability they can not fire you. there are federal laws that protect you.i went thru this same thing in 2001.if you are unable to perform your job upon return they have to look for another area for you. if no place is found then they can terminate you.never mail anything. fax it and get confirmation
2007-05-30 06:00:38 · answer #4 · answered by charlsyeh 7 · 0⤊ 0⤋
Yes it is perfectly legal.
2007-05-30 02:12:06 · answer #5 · answered by Jack 6 · 1⤊ 0⤋
lawyer time
2007-05-30 02:10:30 · answer #6 · answered by Anonymous · 1⤊ 0⤋
no
2007-05-30 02:17:50 · answer #7 · answered by razorblade romance 4 · 0⤊ 1⤋