What are my rights if I filed for FMLA due to depression and anxiety but was terminated anyway?

I have recently begun seeing a psychologist due to depression and anxiety. My fiance was diagnosed with an autoimmune disorder and it has been difficult to cope. It was impacting my professional life and hence I was not doing well performing my duties. One day I was so emotionally distraught that I couldn’t go back. I did not quit with the company but I did send my manager a message telling her that I was resigning from the store for health reasons. She had known my situation and showed little care or concern for my wellbeing. I filed for an FMLA through HR and it was approver on a contingent basis pending my providers paperwork. 2 weeks into the contingency I received and faxed in the paperwork. The next Monday I was being processed for termination even though I was not denied the FMLA. Now I have lost my health insurance, my job and my mind.

Asked on April 28, 2017 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If I am understanding your question correctly, you *did* quit the company: you sent your manager "a message telling her that I was resigning from the store"--that is quitting. You also seem to indicate that you missed work without approval ("I was so emotionally distraught that I couldn't go back"). You apparently filed for FMLA after missing work (unauthorized absence) and stating that you were resigning. If I have the facts correct, then your termination from employment is legal: FMLA does not protect you from termination for unauthoritzed absences prior to applying for leave; and also does not protect you from the consequenes of telling your employer you are resigning (even on FMLA, you can resign or quit).

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