scatcatttttt
Junior Member
What is the name of your state? Minnesota
Heres a quick rundown of the situation. My fiance has been employed at a hospital since Nov of 05. Due to severe sinus and migrane issues, she was granted intermittant leave FMLA (3days per month) In MArch of 07.
In late Feb of 08, she was brought into the office, and fired, as she was told that she didnt have FMLA. She has a copy of the doctors note stating she needed FMLA, and also the necessary papers signed by her bosses that she was approved for FMLA.
After these papers were produced, her employer changed their story, now stating she didnt have the number of hours worked needed for FMLA. After going through the past 2 years pay stubs, she was over the minimum hours required to receive FMLA benefits.
AS stated in the employee handbook, they need to give a verbal, written, and suspension before they can be fired.
She received a verbal and written warning over a year ago, which is the reason she got FMLA.
She is union, and has the rep working on her side.
Our question to you, do we have a civil lawsuit against her employer? If so, what is the maximum amount? Also, if she is able to get her job back, she really isnt interested in going back to work for this company, for fear of retaliation, in the form of giving her bad shift hours, days, and lousy assignments while at the job. All in all, for fear they will make her life miserable.
If the job is offered back to her, does she have to take it, and if she doesnt, does it affect the status of a civil suit? This type of thing has been going on at this company for a while now (getting rid of people with FMLA), and this could very well be the case that opens an investigation into this matter within the company. If we have a case, what is the next step? Do we contact the website on the workplace board under the FMLA Act of 1993?
Heres a quick rundown of the situation. My fiance has been employed at a hospital since Nov of 05. Due to severe sinus and migrane issues, she was granted intermittant leave FMLA (3days per month) In MArch of 07.
In late Feb of 08, she was brought into the office, and fired, as she was told that she didnt have FMLA. She has a copy of the doctors note stating she needed FMLA, and also the necessary papers signed by her bosses that she was approved for FMLA.
After these papers were produced, her employer changed their story, now stating she didnt have the number of hours worked needed for FMLA. After going through the past 2 years pay stubs, she was over the minimum hours required to receive FMLA benefits.
AS stated in the employee handbook, they need to give a verbal, written, and suspension before they can be fired.
She received a verbal and written warning over a year ago, which is the reason she got FMLA.
She is union, and has the rep working on her side.
Our question to you, do we have a civil lawsuit against her employer? If so, what is the maximum amount? Also, if she is able to get her job back, she really isnt interested in going back to work for this company, for fear of retaliation, in the form of giving her bad shift hours, days, and lousy assignments while at the job. All in all, for fear they will make her life miserable.
If the job is offered back to her, does she have to take it, and if she doesnt, does it affect the status of a civil suit? This type of thing has been going on at this company for a while now (getting rid of people with FMLA), and this could very well be the case that opens an investigation into this matter within the company. If we have a case, what is the next step? Do we contact the website on the workplace board under the FMLA Act of 1993?