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fired while on FMLA

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dbattle1616

Junior Member
What is the name of your state (only U.S. law)? Ga.
I was fired from my job on 9/4/2008. During the last 3 years of my employment there I was on FMLA. When I got fired I still had one month to go on FMLA for nerve damage in my shoulder which affected my work at times and my attendance. How long do I have to file a case against my former employer if I do have one?What is the name of your state (only U.S. law)?
 


eerelations

Senior Member
What did your employer give as the reason for firing you?

Please note that there's a big legal difference between being fired while you're on FMLA leave (could well be legal) and being fired because you're on FMLA leave (illegal).
 

Michael09

Junior Member
That sounds illegal to me .

What is the name of your state (only U.S. law)? Ga.
I was fired from my job on 9/4/2008. During the last 3 years of my employment there I was on FMLA. When I got fired I still had one month to go on FMLA for nerve damage in my shoulder which affected my work at times and my attendance. How long do I have to file a case against my former employer if I do have one?What is the name of your state (only U.S. law)?
Sorry to hear what happened to you. But if you were fired truly for not being well, I guess they definitely made a mistake. I am not a lawyer, you may want to check with a certified lawyer. Goodluck.
 

cbg

I'm a Northern Girl
Okay, let's try again.

The FMLA statute prohibits the employer from firing you BECAUSE you took FMLA.

Neither the FMLA statute nor any other law protects you from being fired for a reason that would have existed regardless of whether you took FMLA or not.

Therefore, as the other two KNOWLEDGEABLE posters have indicated, we need to know the REASON for the termination.

It is not inherently illegal, and anyone who admits they do not really know the answer does not have any business posting. Right, Michael? :(
 

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