What are my options for termination while on FMLA and options for my employer lying to unemployment for me to get benefits?

My employer terminated me while I was on FMLA stating my absences were too many and caused a

Asked on March 19, 2018 under Employment Labor Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Being on FMLA does not prevent you from being terminated for other, non-FMLA reasons, including for excessive absences pre-dating or unconnected to your usage of FMLA, or for attitude or performance issues.
However, FMLA does prohibit you from being terminated for any absences related to the proper use of FMLA: it is illegal retaliation and a violation of your FMLA rights to terminate or in any way punish you for using FMLA.
If you believe that you have been fired, in whole or in part, for your use of FMLA and that any claims (or documentation) to the contrary by your employer are pretextual (i.e. an excuse or fake), then you could contact the department of labor to file a complaint and/or retain an employment law attorney to look into filing a lawsuit.


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