What are my rights if my employer fired me right after my FMLA maxed out?
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What are my rights if my employer fired me right after my FMLA maxed out?
I came in 2 hours late one day and missed 2 other days after my FMLA maxed out.I spoke with the HR rep and was told to, “take leave or lose my job.” I called my doctor and they pulled me out of work for 9 days (including the 2 days I had missed last week). I saw my doctor Tuesday of this week and he put me on a much stronger medication and sent me back to work I went back to work Wednesday and they fired me for attendance issues. They told me that they, “can’t have someone that keeps going in and out of work.” They also never dimmed the lighting as I requested 3 weeks prior. Is this something I should seek further legal action?
Asked on June 11, 2015 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You say that you "came in late one day and missed 2 other days after my FMLA maxed out." An employer may fire an employee for missing work (absenteeism) or being late, and if you were late/missed work after your FMLA maxed out, your FMLA leave would appear to be irrelevant to this case--you were not fired for taking FMLA, but for what you did after FMLA. As to not dimming the lighting, that may or may not be a reasonable request which they had to comply with: it depends on whether 1) there was a medical reason (which can be documented and proven) for dimming the lights; and 2) they could dim the lights without negatively impacting other employees (e.g. you had your own private office or space), since an employer is not obligated to negatively affect other employees to benefit you. If the answer to both 1) and 2) is "yes" you may have a case for failure to make reasonable accomodation, and might wish to discuss it with the labor department, state or federal equal employment opportunity agency or commission, or with a private attorney.
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