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Old 06-28-2009, 11:33 AM   #1
hintz003
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FMLA Document Request after Receiving Notice of Layoff

Jurisdiction/Place:

I received a layoff notice on 6/16/09. I have been on intermittent FMLA to care for my mother after she was diagnosed with Alzheimer's almost one year ago. I have also gone through other personal family issues and have been diagnosed with severe anxiety / moderate depresstion (2 weeks prior to receiving layoff notice). I have been put on a medical LOA due to layoff compounding the above. My employer, one week after receiving the layoff notice, sent me an FMLA packet to have completed for my medical leave. I want to be sure that completing this documentation is not going to jeopardize any legal claims I make against my employer in the future.

Please help, and thanks!
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Old 06-28-2009, 03:21 PM   #2
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What legal claims do you anticipate making?

If you have a legitimate legal claim, completing the FMLA paperwork will not jeopardize it. But the fact that they sent you the paperwork at all, AFTER the layoff notice, suggests that they are in a pretty strong position. What laws do you think they have violated?
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Old 06-28-2009, 06:44 PM   #3
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Is this a reduction in force lay off, or are you the only one being laid off?
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Old 06-29-2009, 06:56 AM   #4
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3 days after I received the layoff notice, an e-mail was sent indicating that, because of stimulus money received, there would not be layoffs in the coming year. Also, the president of our company wrote in a newsletter that the company gave our unit $2.5M of stimulus funding to prevent layoffs in our unit for the next 1 to 1.5 years.

I have been the only person to receive a layoff notice, and have always been an excellent employee (loved my job),
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Old 07-02-2009, 06:52 PM   #5
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Talk to an attorney something stinks here.
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Old 07-03-2009, 09:56 AM   #6
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Gotta agree with GH, that doesn't sound right with the extra info in your last post. At least run it by the US DOL.
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