Should I speak with an employment law attorney regarding an unlawful termination?

UPDATED: Oct 18, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 18, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Should I speak with an employment law attorney regarding an unlawful termination?

I was on FMLA leave for the past 2 months; it ended yesterday. When I returned to work I was promptly discharged. The reason given was that the stores sales could not support my position anymore. This was just an excuse to let me go as they posted my job position on their website (posted 3 days after I had to take FMLA leave due to a medical emergency.) Also, there was another employee working “offsite” which they brought back into the store. I asked if the other store had any openings and they told me no. Yet they posted a full-time position as open on their website the same day that they fired me. They also made me sign a no compete agreement when I was hired. Is that still good after this? Is there anything that I can do? I’m in Waco, TX.

Asked on October 18, 2011 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) Generally speaking, a non-competition agreement only applies if the employee leaves--not if he or she is fired.

2) While a company can replace a FMLA leave employee for a valid reason not related to the leave--such as other performance issues, restructuring, layoffs, etc.--the reason MUST be valid; it can't be a pretext or a cover for retaliation against that employee, since it is unlawful to retaliate against someone for using FMLA leave. From what you write, it may be the case that the reasons your former employer gave are pretextual and you were retaliated against; it would seem to be well worth your while to consult in detail about your situation with an employment law attorney. Good luck.

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 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 lock Secured with SHA-256 Encryption