If I was covered under FMLA after suffering a mini-stroke and my employer eliminated my position after I returned, is this legal?

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If I was covered under FMLA after suffering a mini-stroke and my employer eliminated my position after I returned, is this legal?

I have uncovered suspicious spending by the church that I worked for. He began to pressure me daily with reports, questions about deposits and bill payments. He did everything but accuse me of mishandling the money. Each time I was able to prove his spending habits were the cause of the church’s finances not mine. The undue stress he put on me caused me extreme anxiety and panic attacks, resulting in what my physician thought was a stroke. I was off for approximately 2 weeks. When I returned, the accusation resumed. Within 3 weeks of my return, he “eliminated” me.

Asked on January 4, 2012 under Employment Labor Law, Florida

Answers:

Jamaul Cannon / Cannon Legal Group, APC

Answered 9 years ago | Contributor

You may have a claims for wrongful termination in violation of public policy, retaliation and possibly Intentional Infliction of Emotion Distress.  The big thing you would have to prove is that your position was not in fact "eliminated" because you came back to work;and were terminated three weeks to retaliate against you from taking a legally protected leave. 

I have dealt with this issue on many occasions and I would encourage you to contact an experienced employment litigation attorney. 


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