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I don't see that he has any legal action TO pursue. This was not a wrongful termination under the law, even if the employer was mistaken.

Your post is very hard to understand, but let me see if I have it right. Generally speaking, you cannot be fired for reporting for jury duty for that one day. The problem you're going to have is that you missed THREE days, one because you didn't have your mail fowarded, two because you went...

1. Not unconditionally, no. If he has a contract or the company has a policy of paying it out in the past for fired employees, he could try a court action; the state DOL wouldn't touch this. 2. He should have it reviewed by an attorney specializing in contract/employment law, but since...

Yes, probably all you can do.

Having said that, this site deals primarily with US Law. I don't think we have anybody here who knows labor laws in any Asian countries.

All you can do is sue. California is very strict in its laws preventing "self-help" to recover such monies. Just for curiosity's sake, was he an outside salesperson?

Maybe. What does the policy say? Having said that, since policy is not a law, you would likely have to sue to try to get it anyway.

How much time exactly has she missed due to this condition in the last 12 months?

Ignore them. They're trying to bluff you. If they decide to sue, THEN get an attorney, who will likely get the case thrown out as frivolous. The ONLY chance they have of ANYTHING is if they can prove that you intentionally deleted files critical to the business and that they have suffered XX...

If you meet the criteria for eligibility for family coverage under the plan rules, it would be (at least for medical insurance) a violation of ERISA for them not to offer you the opportunity to enroll your family. Have you spoken to HR/Benefits about this? What do they say? "Board"? What...

Ok, then, nevermind. :rolleyes:

The OP is a legal adult by now. MorgansDaddy, please pay attention to the dates of the original threads before you post. Thank you.

Wow!!!!! Yay, him!!!!!!!

Wasn't easy. ;)

You can disagree with me all you like; what I've given you is the law. You want to pay an attorney to tell you the same thing, be my guest. I'm done here, also.

Well, that isn't necessarily true, but FMLA would have been the ONLY law that protected your job at all. Even under FMLA, they kept you on for longer than that law would have required them to. You're welcome to consult with an attorney, of course, but they provided light duty for more than...

Well, part of the problem is that you edited out all the other information, so it can't be reviewed any longer. But OK, 480 hours allowed under FMLA (best case scenario) divided by 20 hours per week is 24 weeks. So 24 weeks of part-time work at 20 hours per week would use up all your FMLA...

One more time, and then I give up. When you were working light-duty, part-time, how many hours per week did you work and how many hours per week did you NOT work? A number, 10, 20, 24, what is the NUMBER?

The applicability of FMLA as nothing to do whether it's a Work Comp injury or not Are you receiving any work comp benefits now?

I understand that your FMLA leave is exhausted for the current tracking year. What I'm not sure about though is the November 2010 eligibility. I'm assuming that is because you will not have worked 1,250 hours starting in July 2010 until November. However, I'm unclear on wehther that 1,250...