What does this mean?

[terminatedone]

What is the name of your state (only U.S. law)? PA

i was wrongfully terminated while on FMLA. I filed a law suit and now the former employer has filed a motion to dismiss. Does this mean that they just want to delay the proceedings? I have documentation that indicates after they approved me for FMLA, when asked to alter my work schedule or to take time off needed for medical visits, the immediate boss denied me time and told me i was not permitted time off. i still had 11 weeks available to me.

 

[pattytx]

What does your attorney say when you ask him/her this question?

 

[thedoctorisin]

A "continuance" is a delay of the proceedings. A motion to dismiss means that they are asking the court to immediately rule in their favor and drop the lawsuit altogether.

 

[terminatedone]

i was told this is standard procedure. i can not believe the BS that the legal system has with stuff like this. i have so much evidence that proves them guilty of FMLA violations, that they will be fined by the DOL as well as EEOC. It is funny that after they received my law suit, after investigating on their end they ended up firing the HR manager. After speaking with the HR manager, she indicated to me that she lost her job due to my law suit because she did not follow protocol for my FMLA. does that show guilt on the hands of my former employer?

 

[pattytx]

Again, what does your attorney say about whether this is an indication of admitted "guilt" or not? You do have an attorney, don't you?

 

[terminatedone]

i was told this is standard procedure. QUOTE]

 

[ecmst12]

You expect them to just roll over and open their wallet without at least TRYING to defend themselves against the suit? Come on. They hired a lawyer and their lawyer has a duty to defend them to the best of his ability, including filing motions which will probably get denied.

 

[terminatedone]

Thank you!