Wrongful termination.

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Wrongful termination.

If my employer terminates me due to a disability. Then later trys to correct their wrong by giving me my job back. Can I still sue them for violating my ADA and FMLA rights if i take the job back?

Asked on August 17, 2018 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Legally, they are liable for whatever losses (e.g. lost wages) you suffered during the time you were improperly terminated in violation of the ADA and FMLA. Practically, given that lawsuits can be costly, time consumming and distracting, if you only lost a comparatively small number of dyas of pay, it is likely not worth going to the trouble and expense of suing. You may wish to consult with a local employment law attorney, to see if this case would be worth bringing.


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