newshed2003
Junior Member
What is the name of your state (only U.S. law)? Minnesota
I was out on the FMLA and my 12 weeks ran out (I did get ok 1-1/2 weeks after to go back to work) my question is I knew I had 12 weeks but wasn't exactly sure when it started. I never got the rights and responsibilities or the designation notices from my employer. They simply sent me a letter in the mail stating my employment was terminated for running out of FMLA time. According to federal law I should have gotten them notices as well as it should state in the employee handbook the consequences if you go over which in my case I beleive the handbook would state that you could be subject to termination. This gets even better, another employee at the same company recently became very ill and may be out up to 4 months. Both of us have been with the company over 10 years and neither one of us is a key employee. My wife and I are good friends with the very ill person and his wife and husband know why I was terminated and his wife became very scared about her husband losing his job for going over the allowed 12 weeks. She called the HR department at the company and was told not to worry that the wouldn't fire him if he goes over his 12 weeks. His wife at one time worked for the same company and knows the HR people. If what she was told is true according to the EEOC that is discrimination under the ADA. I would like to know what you think my chances would be if I hired an attorney to go after the company for back wages? I have spoken to one and he definetley feels we would be able to go for that. Now mind you I am fully aware that I did indeed get my full allotted FMLA time, however with the information I have given about not getting the proper notifications as well as very well possibly being discriminated against for me being terminated for going over and someone else going over the 12 weeks and not being terminated. So please help me, what this company did to me has darn near put me in foreclosure as well as going to the food shelf and falling behind on most every bill I have. Thank you in advance for reading and giving me your opinion as I understand your time is very valuable.
I was out on the FMLA and my 12 weeks ran out (I did get ok 1-1/2 weeks after to go back to work) my question is I knew I had 12 weeks but wasn't exactly sure when it started. I never got the rights and responsibilities or the designation notices from my employer. They simply sent me a letter in the mail stating my employment was terminated for running out of FMLA time. According to federal law I should have gotten them notices as well as it should state in the employee handbook the consequences if you go over which in my case I beleive the handbook would state that you could be subject to termination. This gets even better, another employee at the same company recently became very ill and may be out up to 4 months. Both of us have been with the company over 10 years and neither one of us is a key employee. My wife and I are good friends with the very ill person and his wife and husband know why I was terminated and his wife became very scared about her husband losing his job for going over the allowed 12 weeks. She called the HR department at the company and was told not to worry that the wouldn't fire him if he goes over his 12 weeks. His wife at one time worked for the same company and knows the HR people. If what she was told is true according to the EEOC that is discrimination under the ADA. I would like to know what you think my chances would be if I hired an attorney to go after the company for back wages? I have spoken to one and he definetley feels we would be able to go for that. Now mind you I am fully aware that I did indeed get my full allotted FMLA time, however with the information I have given about not getting the proper notifications as well as very well possibly being discriminated against for me being terminated for going over and someone else going over the 12 weeks and not being terminated. So please help me, what this company did to me has darn near put me in foreclosure as well as going to the food shelf and falling behind on most every bill I have. Thank you in advance for reading and giving me your opinion as I understand your time is very valuable.