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Wrongful termination/Walmart

Discussion in 'Termination: Firing & Resignation' started by Deanna, Sep 20, 2017.

  1. Deanna

    Deanna Law Topic Starter New Member

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    Jurisdiction:
    Mississippi
    Was terminated on September 15,2017 due to not returning from a Leave of absence. I'm still on the leave cause Doctor hasn't released me yet. It only been 10 weeks I should have job protection for 12 weeks but I also have short term long term disability. Is this against the laws?
     
  2. army judge

    army judge Super Moderator

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    Depends on many things, not just some note from a physician.

    You might have FMLA protection, depending on whether you sought it.
    You can't just assert it, you must seek, and obtain it.
    There's a specific process to acquire FMLA protections.
    If granted, it may or may not allow you to be paid.
    FMLA alone won't get you paid, short term disability could get you paid, or pure employer kindness.
     
  3. hrforme

    hrforme Active Member

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    Does your employer have at least 50 employees within a 75 mile radius? Have you worked there more than a year and at least 1250 hrs in the last year? If so FMLA should be applied - and it's the employers responsibility to do so. If they failed to do so, and you meet the criteria, yes it would still apply. Had you missed other time for any other FMLA leave in the past year outside of this one? Because it is not 12 weeks for each incident or Each leave but 12 weeks in total for the year.

    ETA: if you work for Walmart, they generally would meet the criteria of being an eligible employer under FMLA
     
  4. adjusterjack

    adjusterjack Super Moderator

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    Please keep all your discussion to this one thread and stop opening new ones. I'm deleting your other post as a duplicate.
     
  5. ElleMD

    ElleMD Well-Known Member

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    Is there a reasonable expectation that you would be able to return within the 12 weeks?
     
  6. hrforme

    hrforme Active Member

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    and did your original documentation state you were only going to be out for 10 weeks? Did you update that when you knew it was going to go longer? did you communicate with HR any changes for the original leave request? Lots of questions before we could ever even come close to a possible wrongful termination!
     

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