QUESTION

If I was let go while on medical leave can I file?

Asked on Apr 07th, 2013 on Labor and Employment - Texas
More details to this question:
My boss told me she had to hire someone else because she hadn't heard from me since I was on medical leave yet she had documentation stating when I was going to return. Now I'm jobless.
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7 ANSWERS

Family & Medical Leave Act Attorney serving Atlanta, GA
Partner at Fidlon Legal, PC
3 Awards
I would urge you to consult with an attorney experienced at handling disability and medical leave claims in Georgia. I would be happy to offer you a free initial consultation by phone.
Answered on Apr 10th, 2013 at 11:39 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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I would need more information before I could read her opinion as to whether or not your termination was wrongful.
Answered on Apr 08th, 2013 at 9:58 PM

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You may file a claim for unemployment compensation, but you will likely need an attorney to win. Do not go to your hearing without an attorney. The rules of evidence in hearings changed 1-1-13. Under the new rules, few claimants are winning, since the proper objection must be made at the right time, or the employer's hearsay evidence is taken as true, and WILL be used against you.
Answered on Apr 08th, 2013 at 9:42 PM

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If the employer is over 50 employees or has a policy promising Family Medical Leave Act leave you might have a claim. Also, it is possible that you may have a disability discrimination claim.
Answered on Apr 08th, 2013 at 9:32 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Maybe, if they violated the FMLA. If they didn't, then no, you don't have a case.
Answered on Apr 08th, 2013 at 9:17 PM

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General Practice Attorney serving Bingham Farms, MI at The Niskar Law Firm PLLC
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Whether you have a case depends upon whether you are covered by the Family & Medical Leave Act ("FMLA"). If not, then you have no case. Generally speaking, to have a case under the FMLA, you would have to show the following: 1. You worked for the employer for at least 12 months before your leave began; 2. The employer has 50 or more employees at your job location, or within 75 miles thereof for a certain period of time set forth under the Act; 3. You worked at least 1250 hours in the 12 month period leading up to the start of your leave (which works out to an average of 24-25 hour/week); 4. You experienced a "serious health condition" as defined by the Department of Labor regulations (there are many ways to prove this); 5. You gave timely and adequate notice of your need for a medical leave to the employer; 6. You provided any medical documentation that the employer requested in writing that you obtain; and 7. You were able to return to work within 12 weeks from the date you started your leave. If you cannot demonstrate all of the above, then you do not have the protections of the FMLA. If you can demonstrate all of the above, then you could possibly have a case under the FMLA.
Answered on Apr 08th, 2013 at 8:37 PM

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Bruce A. Coane
If the employer had 15 or more employees, then they would be covered by the ADA, and you could file a discrimination complaint, and perhaps a FMLA complaint. If you want lawyer representation, feel free to contact me.
Answered on Apr 08th, 2013 at 8:15 PM

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