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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 6 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption