Can I get fired?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I get fired?

I have been out of work since January with mental
issues. I am now under care and treatment and
should be released to return next Wednesday. My
doctor filled out form and FMLA papers for work
and back dated it to Jan to cover whole time I’ve
been out. I received a paper stating I was
eligible for FMLA cause I haven’t worked enough
hours. I have an investigative interview with
them scheduled tomorrow. Can they fire me even
tho my papers are dated back to cover whole time
I’ve been out? I work for post office as a mail
carrier.

Asked on May 16, 2019 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If they believe that you do not qualify for FMLA, they can terminte you: having FMLA papers by itself does not protect you, since FMLA only applies if you meet its criteria.
If they fire you improperly (i.e. when covered by FMLA), you would have a legal claim against them for reinstatement and/or monetary compensation. You would have to prove during the claim that you were in fact covered.


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 with SHA-256 Encryption