Being Fired While On FMLA

[JeffDeming]

Good Afternoon,
Good Afternoon,
Last year I was terminated from my position while I was out on FMLA. I was supposed to return to work on April 1, 2008l. However, on March 13, 2008, I had received a letter in the mail saying, "My job position was no longer available" and they had "terminated" my position. I have all the paperwork from the doctor, saying I could not return to work until April 1, 2008. Do I have a lawsuit against them?

 

[orangenerd]

It depends on what you are fired for...FMLA Protects only against ABSENCE related firings. It isn't really a catch all safenet. You can be fired for other reasons though. Sorry couldn't think of any reasons you can't be fired...here are two reasons you CAN be let go for.

The position is eliminated. Unless they have a contractual obligation to assign you a different job, FMLA doesn't protect you.

You were going to get fired anyways...it must be due to reasons other than why you are on FMLA.

 

[cbg]

To put it simply; you cannot be fired BECAUSE you took FMLA. However, being on FMLA does not protect you from an action that would have occurred regardless of whether you were on FMLA or not.

Additionally, FMLA is not open ended. If, and you do not say if this is the case or not, you had been out for 12 weeks or more, your FMLA had expired and you had no further protections regardless of how long the doctor said you should be out.