• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Fmla

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

sanlafe

Junior Member
What is the name of your state? TEXAS

My husband was employeed by a college as a photographer for 13 years. On 2/8/05 he applied and was approved for FMLA. He returned to his position on 3/10/05. Upon his return he was notified that he had been overpaid for the previous to years due to an error. He questioned if the error was because he had been changed from "non exempt" to exempt. On March 22 he had not gotten a response to his question so he asked for it in writing. The following day he was terminated and given the reason that his position was being eliminated.
Does an employee have any rights from being terminated after just returning from FMLA.
Also, it appears that because he was pushing the exemption status question that they may have been trying to cover that up.
Any advice would be helpful.
Thanks
 


cbg

I'm a Northern Girl
Being on or having just returned from FMLA does not protect one from a termination that would have happened whether or not you took the leave. It is only illegal to term someone BECAUSE they took FMLA.

On the basis of the facts you have provided, I am not seeing any clear evidence that they were trying to "cover up" anything.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top