Terminated for running out of FMLA time.

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.

Didn't you post this on another board?

Ragsdale v Wolverine.

The fact you were aware you were on FMLA leave means that arguing you never received formal notification is unlikely to get you very far legally.

You mention discrimination under the ADA, but being out on FMLA leave does not automatically mean you are covered under the ADA. And, the other employee in question may be covered by the ADA and extended leave may be their reasonable accommodation. Or not. Due to HIPAA laws, the employer can't share the details of the other case, even if it would justify their decision making process for that employee.

The EEOC is very slow in reviewing responses these days as well. Expect a long, long wait before you even hear whether the EEOC will take up your charge, if you file one.

FYI, the EEOC does not handle FMLA violations. That is the jurisdiction of the US DOL.

Your understanding of the law is faulty. As Patty indicated, a landmark US Supreme Court case, Ragsdale v. Wolverine, determined that failure to be notified that the FMLA clock is running does not entitle you to additional time. You can, quite legally, be let go on Week 13, Day 1 of your leave if you are unable to return to work, regardless of what notifications you may or may not have received. As long as you receive all the time to which you are entitled, SCOTUS has ruled that notifications are irrelevant.

As was indicated above, not all or even most conditions for which FMLA would apply, also fall under the ADA. In the same manner, not all conditions for which the ADA applies, fall under FMLA. Just because one employee was granted additional time does not mean that you must be. Nothing whatsoever in the law says that all employees have to be treated identically, as long as differences in treatment are not based in a characteristic protected by law.

Neither FMLA, nor the ADA, nor any other law, grants you the right to indefinite medical leave.

yes Patty it is me but it's no different than saying didn't you respond to my post on another site? Just kidding. But Patty and Cbj I just wanted more advice from different people and why did the DOL dirrect me to the EEOC? The EEOC claims yes it would be discrinatory for them to not terminate him. They said that we both fall under the ADA. To me it's not about having more time on FMLA, like I stated before my company came to my home and told me I was taking a 30 day medical leave. I as most people I have talked to even think you would think after the 30 day leave is up then the 12 weeks would start. I'd love to be able to make workers more aware of this because according to the DOL people lose there jobs quite frequently for going over the 12 weeks, also I know this won't matter but I did have a dr appointment in regards to being released to go back to work which was given the ok to do. What I based that appointment on was if the 30 days and 12 weeks were actually given to me as I thought they were that appointment was over a week and a half before that time was exhausted, if I would have known that the 30 days didn't mean squat I sure as hell would have scheduled the appointment for the dr before the 12 weeks was up. Please Patty and Cbj don't be pissed at me I just sure as heck would have done things differently if I had known and I sure wish I knew how to make something like that known because it can be a very, very life altering ordeal if people don't know that information. Who do I call where do I start? I guess one more thing why would an attorney in Mn think or say what they did was wrong? Is he dumb and not know the laws or please educate me. I'm pretty much convinced that it's not even worth trying to do anything about it, however I wish things like this wouldn't happen to other people as well. God Bless and thank you 2 both. Go Twins!!!

why did the DOL dirrect me to the EEOC? The EEOC claims yes it would be discrinatory for them to not terminate him. They said that we both fall under the ADA.

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then make a claim under ADA. It makes no sense to discuss it if they say you have a valid claim.

Re: ADA, what is your disability?

I'm not convinced the DOL would give an opinion on whether the poster "had a valid case". That's not their mandate. They referred to the poster to the EEOC because that is the agency that handles ADA complaints.

newshed2003 said:

But Patty and Cbj I just wanted more advice from different people and why did the DOL dirrect me to the EEOC? The EEOC claims yes it would be discrinatory for them to not terminate him. They said that we both fall under the ADA.!!!

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If you contacted the DOL and indicated you had already received 12 weeks leave but wanted more leave because a coworker received more, you are in essence making a discrimination claim, not an FMLA claim.

I have difficutly believing that the EEOC made the statements you claim, at least not in the context provided, If they did, surely they described your next step with them.

newshed2003 said:

I guess one more thing why would an attorney in Mn think or say what they did was wrong? Is he dumb and not know the laws or please educate me. !!!

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Maybe he is not dumb. Maybe he has a car payment and would like you to pay a nice retainer. You would be wise to avoid going deeper in debt. See the above statement.

newshed2003 said:

I wish things like this wouldn't happen to other people as well.

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I agree. It is sad that you were not aware that your leave would expire. You certainly can help others by educating them about their rights under the FMLA.

What did I say or do to suggest that I was pissed at you?

However, you'll get more accurate advice if you answer the question posed to you - what is your disability?

The DOL cannot tell you that you have a claim under the EEOC. It's not their jurisdiction. In the same way, the EEOC cannot tell you that you have a claim under the DOL.

Once again, the definitions for FMLA and for the ADA are not the same. It is quite, quite possible to be covered under one and not the other. In both directions. The fact that one employee evidently had coverage under both does not mean that you do.

pattytx said:

Re: ADA, what is your disability?

I'm not convinced the DOL would give an opinion on whether the poster "had a valid case". That's not their mandate. They referred to the poster to the EEOC because that is the agency that handles ADA complaints.

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I know. I had written such a post but decided simply telling the to take whatever action they claimed they have would be best. I didn't feel like arguing with a poster yet today.

And if the poster does not come back and tell us what the disability is, we may never know if the ADA applies.