What can I do if I was fired because of wrong information about FMLA? 1 Answers as of May 31, 2011

I was infected with Influenza virus doctor took me out of work for few days. I returned to work but was still very visibly sick. I was told to go home but because I exhausted my sick time I couldnt afford not to be there I was also worried about losing my job. My manager told me I was covered by FMLA to go home until I’m well. Turns out I was given wrong information I was not covered. I was terminated. I was out of work for weeks because my doctor could not release me until I was not contagious anymore. I was let go for excessive absences even though I had doctors notes. There was a lot of wrong information given to me by my supervisors and HR personnel.

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Komanapalli Massey LLP
Komanapalli Massey LLP | Mark A. Massey, Esq.
Assuming that the FMLA and/or other employment laws indeed did not preclude your employer from firing you when you were genuinely ill and unable to return to work, that assurance (promise)your employer gave to you about being protected by the FMLA from being terminated should you return home in order to recuperate may have created an implied in fact contractual obligation which precluded the employer from terminating you.It might also give rise to a concept called "promissory estopple" which might have made the employer's promise enforceable in the sense that he would have been required to allow you to return to work upon your recovery. It appears that you may have a good wrongful discharge action (a lawsuit) against the employer.
Answer Applies to: California
Replied: 5/31/2011
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