Can I get fired?
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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 4 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.
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