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Can I be terminated while on FMLA for a PIP?

Raleigh, NC |

Was not put on the PIP until well after a request for FMLA was put in, and my employer kept ignoring my request for FMLA which forced me to go over her head and get the paperwork rolling.

Attorney Answers 1


Yes, you can be terminated. However, you may have a claim for FMLA retaliation or possibly interference depending on the facts. Either way, it is extremely important that you consult with an experienced employment attorney as soon as possible because it appears that you do have a factual basis for an FMLA claim. During the consultation, the attorney will be able to get more information and provide you with your options moving forward.

Kirk J. Angel is an experienced attorney who focuses his practice on employment law. Mr. Angel, who has practiced employment law for more than 15 years, represents clients throughout North Carolina and more information about him is available at This response is for general informational purposes and does not constitute legal advice. Additionally, this response does not create an attorney client relationship. If you need legal advice, please contact a lawyer in your state who practices in the appropriate area.

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