What are my rights if I was fired 9 days after requesting FMLA paperwork?

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What are my rights if I was fired 9 days after requesting FMLA paperwork?

I was written up at work due to missing a few days because my son has chronic lung disease and was in the hospital so I asked the office for FMLA paperwork. 9 days after receiving this paperwork I was unexpectedly firedd due to lack of work. I work for a busy Construction company and had plenty of work on the current job I was working on with lots of work still to do. I feel that because of my request for the FMLA I was wrongfully terminated although they did this in a way not connected to my absences. Is there anything that can be done with this?

Asked on March 26, 2012 under Employment Labor Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should consult with an employment law attorney; it is illegal to retailiate against an employee for taking or requesting FMLA leave. If it were the case that the company had a slow down or lack of work, it might be possible to lay you off or fire you for that unrelated (to FMLA) reason--but the key issue is whether that was in fact the case or not, since it's the reality of the situation, not how the company chooses to describe matters, that counts. If you suspect, as you obviously do, that  the real reason for termiantion for requesting FMLA leave, you should consult in detail about the situation with an employment law attorney, to see what your rights and options are. Good luck.


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