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I was let go two weeks after taking fmla for
major depression flare up. No previous
inclination that I was going to be let go. Rather
I was advised to take fmla 1 month ago with
email from mgr on how I am integral part of
their team and that business will increase and I
will be needed. I was also asked to take
certification classes and management courses.
Should I pursue this?
Asked on April 6, 2017 under Employment Labor Law, Illinois
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
It is worth contact the state or federal department(s) of labor to discuss and possibly file a complaint, since the timing and lack of prior discriplinary or employment issues implies this may have been retaliation for using FMLA (or discrimination against you for having medical condition, depression), which is illegal. While you could be terminated under these conditions, the termination would have to provably due to something unconnected to FMLA or your depression (like prior performance issues; a downsizing or restructuring affecting other employees, too; documented insubordination or excessive non-FMLA absenteeism; etc.). If there is no such other valid cause, your termination may have been illegal.