How do I know if I was legally terminated from my job? 6 Answers as of August 03, 2011

Is it legal for a company to terminate someone on fmla after only 8 weeks when they have 12? My company terminated me after only 8 weeks on fmla when I know that I had 12. I was off to deliver my child.

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Law Office of Tadd Dietz, PLLC
Law Office of Tadd Dietz, PLLC | Tadd Dietz
The Family and Medical Leave Act (FMLA) does require covered employers to provide eligible employees up to 12 weeks of unpaid leave for a FMLA qualifying health condition. According to the Department of Labor "incapacity due to pregnancy, prenatal medical care or child birth" would be considered a valid reason for an elegible employee to take FMLA leave. See . The FMLA prohibits covered employers from interfering, restraining, denying, or attempting to deny an eligible employee from exercising their FMLA rights. See 29 U.S.C. 2615. However, an employer may require an eligible employee taking FMLA leave to provide medical certification to determine if the medical condition is a FMLA qualifying condition. A covered employer may refuse continuing FMLA leave if an eligible employee fails to provide medical certification. Further, the covered employer may also require an eligible employee taking FMLA leave to periodically report their status and their intentions on returning to work while they are taking the FMLA leave. If you are seeking legal advice regarding the specific facts of your case consult an attorney.
Answer Applies to: Utah
Replied: 8/3/2011
Carnes Law Firm
Carnes Law Firm | William J. Carnes
You bring up issues that warrant consideration. Florida is an employment at will state, and you may be terminated for any reason other than an illegal reason. Your fact pattern indicates you may have been terminated illegally. There are various federal and state statutes and common law causes of action that you might wish to pursue in order to best serve your interests. These include, but are not limited to the following: breach of contract, oral and written, misrepresentation, negligent or otherwise, fraud, defamation, libel, battery, assault, slander, intentional infliction of emotional distress, workers' compensation retaliation, interference with an advantageous business relationship, negligent hiring, negligent retention, discrimination, claims or rights under state and federal whistle blower legislation including Sections 448.101-448.105, Fla. Stat., claims or rights under the Family Medical Leave Act ("FMLA"), Fair Labor Standards Act ("FLSA"), as amended, the Consolidated Omnibus Budget Reconciliation Act ("COBRA"), Employee Retirement Income Security Act (` ERISA") of 1974, as amended, the Americans with Disabilities Act ("ADA"), the Age Discrimination in Employment Act ("ADEA"), the Equal Pay Act ("EPA"), Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, the Florida Civil Rights Act of 1992 ("FCRA") Fla. Stat Chapter 760. There are one or more statutes of limitation for these causes of action. If you wish to pursue a claim, you must file the complaint prior to the end of the limitation period, or the claim will be barred. Many statutory violations have to be initiated through the proper administrative agency which is frequently the EEOC office and/or the Florida Commission on Human Relations. If you feel that your rights under these laws have been violated, I encourage you to seek redress with the proper agency as soon as possible. These have reduced periods of time during which an action can be commenced, or the cause action will be barred if not timely commenced. Please remember that many, but not all, federal discrimination claims must be filed appropriately within three hundred (300) days after the alleged act(s) of discriminatory conduct. Many, but not all, state claims of discrimination must be filed within three hundred sixty-five (365) days after the alleged act(s) of discrimination. The statute of limitations may be less or greater for other causes of action. While the EEOC/Commission on Human Relations administrative process can operate without the assistance of a private attorney, you may wish to retain private counsel to assist you in filing a claim. A privately retained attorney can assist in investigating the claim, recognizing the issues, identifying the defendants and drafting the charges. It is important to remember, however, that you must file the charges in a timely manner or the action will be barred. The date of these occurrences is very important and should be determined in order to avoid the statute of limitations. Unfortunately, this firm cannot render a competent legal opinion based on an unsolicited factual scenario. Your query requires more facts to allow for proper consideration by an attorney. A consultation with an attorney at this office frequently requires more than two hours of the attorney's time to complete. The attorney and the client meet to discuss the facts and review any documentation. We conduct a general discussion of the law, and the attorney advises the client of the options the client may wish to consider. After the consultation, the attorney reviews the notes, researches the law, if necessary, and drafts a summary follow-up letter to the prospective client. During our consultation, we may discuss, among other things, the general nature of employment law in Florida, statutory discrimination claims, unemployment compensation benefits and claims strategy, workers' compensation benefits and filing requirements, common law causes of action, severance benefits, contractual considerations, benefit continuation considerations and the administrative procedural requirements for filing a discrimination claim against an employer. Should you decide to pursue this matter, it is important to remember that you will have the burden of proving your case. You must provide the witnesses and other evidence, direct and circumstantial, necessary to prove the elements of the specific charge against your employer. I urge you to do what is necessary to make a sound decision on whether to pursue or to abandon your case. The above is not a legal opinion and cannot be relied upon as such. There is no attorney-client relationship created by responding to this inquiry. Should you wish to get a legal opinion upon which you can rely, the only way is to hire an experienced employment attorney in your local area who can get all of the facts, research the law and explain your options to you.
Answer Applies to: Florida
Replied: 7/30/2011
Rice & Co., LPA
Rice & Co., LPA | Kollin Rice
If you meet all the criteria for FMLA eligibility, and have used only a total of 8 weeks in the year (either calendar or rolling year based on the employer's policy), it is illegal to terminate you for absenteeism or unavailability for work. (It might be acceptable to terminate you on other grounds, though that would still merit looking into.)
Answer Applies to: Ohio
Replied: 7/30/2011
Bernard Huff, Attorney/Mediator
Bernard Huff, Attorney/Mediator | Bernard Huff
Contact the federal EEOC for an appropriate response to employment termination to determine if it was legal.
Answer Applies to: Indiana
Replied: 7/29/2011
Law Office of Eli M. Kantor
Law Office of Eli M. Kantor | Eli Kantor
In California, the Fair Employment and Housing Act provides for a 4 month leave of absence for maternity leave. If your employer has 50 or more employees and is covered by the Family and Medical Leave Act ("FMLA"), you are entitled to an additional 12 weeks. So, if you were terminated while out on maternity leave after 8 weeks, that is against the law.
Answer Applies to: California
Replied: 7/29/2011
    Law Offices of Sana Swe
    Law Offices of Sana Swe | Sana Swe
    The Family and Medical Leave Act ("FMLA") does not protect a person from being fired if the person would have been fired even had s/he not been on leave. You should consult with a knowledgeable employment law attorney and provide him/her with the information you were given (if any) about why your employer terminated your employment. The attorney can then work with you to evaluate whether the reason(s) for your termination appear legitimate or merely an excuse to rid the workforce of someone who exercised her rights under the FMLA.
    Answer Applies to: California
    Replied: 7/29/2011
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