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fmla retaliation

Discussion in 'Medical Leave & Disability' started by 1driver, Dec 16, 2013.

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  1. 1driver

    1driver Law Topic Starter New Member

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    I have worked for this company for 3yrs. Now and had never been written up or disciplined. Now that I have recently been using fmla time off because of health issues I havee been written up for pitty issues and now suspended without pay for not following instructions!!!!
     
  2. army judge

    army judge Super Moderator

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    Well, you better behave yourself and follow their rules to the letter.

    FMLA won't save your job if you break the employer's rules.

    In fact, FMLA won't stop the employer form just telling you, "We no longer require your services. See Judy in payroll about your final paycheck. Good luck."

    Contrary to common STUPIDITY, an employer need not justify why they decide to terminate your employment, barring afew exceptions, none of which are in play in your situation.

    I've found employers cripple themselves by trying to document and discipline workers.

    But, what the heck do I know?
     
  3. Betty3

    Betty3 Super Moderator

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    How can you prove that the write ups & suspension had anything to do with you taking FMLA leave? Apparently there were some issues (whether petty to you or not).
     
  4. cbg

    cbg Super Moderator

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    So, DID you follow instructions?

    We don't have enough information to say if this is a violation or not. But applying for or taking FMLA does not make one bulletproof. You cannot be disciplined BECAUSE you applied for or took FMLA. But you can be disciplined in spite of an application or taking of FMLA if you would have been disciplined regardless of FMLA.
     

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