was i wrongfully terminated?

[mlicon1024]

I have been with this employer for abit over two years . First year I didnt rcv a pay increase because i was told that i was out alot . My boss adv me to look into fmla for my son as he suffers from seizures . I did do that and i was granted the fmla for one year . I was never written up for this again but when i was out with my son when i would come back i would get the cold shoulder from everyone including my boss. I took fmla leave for myself for two months for depression . I wasnt given the ok to return to work from my dr till the 8th of june but i went back on the 31 of may because i didnt want to lose my job . Upon my return i was terminated because i violated company policy according to my boss a few weeks before i went on leave . i was never presented with evidence of what i did. I feel i was let go because i have fmla for my son and i took fmla and they where looking for a reason to let me go. Is this a case for wrongful termination?

 

[army judge]

Sorry, mlicon, you've been bamboozled into bieving that FMLA is more than a "feel good" law.

FMLA won't prevent you from being terminated for alleged prior misconduct or poor performance.

FMLA offers very little protection, and certainly doesn't require an employer to pay you while you're out.

FMLA is also time limited.

If you disagree with my brief assessment, I suggest you discuss the specifics of your case with a couple of local employment rights or labor lawyers.

The initial consultation is often provided at no cost to you.

So, it is a great time to ask many questions and receive some free and sound legal advice.

In the interim, I suggest you apply for unemployment.

You never know, you might get that without a fight.

I trust you and your child will get well (or better) very soon.

 

[mlicon1024]

I still was on fmla leave while i was let go. I was within my 12weeks of leave . So my fmla was not exshausted . Is there anything that I can do on the part of fmla .

 

[cbg]

Just for clarification, you get a total of 12 weeks FMLA per year, not 12 weeks per condition. EXACTLY how much time did you miss in the last 12 months for all reasons combined?

 

[mlicon1024]

well i had intermitten leave for my son. dr said 6xwithin a twelve month period . then i took 9wks for my condition.

 

[Proserpina]

Is that a total of 15 weeks?

Or is it 9 weeks plus 6 days?

 

[cbg]

Once more: you do not get 12 weeks for yourself and 12 weeks for your son. You get 12 weeks, period. If you used 9 weeks for yourself, then you had a total of three weeks that you could use for your son, regardless of whether it was intermittant or not. When you had used the equivalent of three weeks for him, EVEN IF THE DOCTOR HAD INDICATED MORE, then you were out of time and it was legal to let you go.