Wrongful termination

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

Answers:

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.


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.