What can I do if I have took FMLA and my boss threatened to fire me?

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What can I do if I have took FMLA and my boss threatened to fire me?

I thought intermediate or FMLA was suppose to protect you? What can I do? Who can I contact to stop this harassment? I can’t fight this fight by myself anymore. With everything going on and the harassment on top of it I’ve had to get on medication. I’m about to have a nervous breakdown. I’ve worked at this job for 20 years. Is this against the law?

Asked on June 5, 2012 under Employment Labor Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your employer was covered by FMLA (i.e. has at least 50 employees), you were eligible for FMLA leave (worked at least 12 months at this employer, which you did; and worked at least 1,250 hours in the past 12 months), you had a serious enough medical condition or needed to take leave to care for a family member, and complied with the paperwork/procedural requirements of FMLA, then you may NOT be retaliated against for taking FMLA leave. Doing so is illegal, and you could file a complaint with the department of labor.

Also, if you are over 40 and are suffering adverse employment consequences or actions, or are being harassed, it's possible you are the victim of illegal age-based discrimination, and could contact the federal Equal Employment Opportunity Commission (EEOC) or your state equal/civil rights agency.

Alternately, since may have at least one, and possibly two different legal claims, you could consult with an employment law attorney to see if it would be worthwhile for you to bring a lawsuit.


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