Can I collect Fmla if I was just fired?

Asked about 1 year ago - Hawthorne, CA

Can I collect if I Just got fired?

Attorney answers (4)

  1. Christine C McCall

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . It is difficult to make sense of this question. FMLA is an an entitlement to unpaid leave time based on certain factual circumstances. There is nothing to collect. If you are fired, you will not be on leave from your employment.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  2. Brad S Kane

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . If you were just fired you should apply from unemployment benefits immediately as there is a one week waiting period. You can apply online at:

    http://www.edd.ca.gov/unemployment/filing_a_cla...

    In addition, the federal Family Medical Leave Act provides for UNpaid medical leave to care of close family members and relatives as well as protects you from retaliation for taking that leave. If the employer violates your FMLA rights you can recover monetary damages, liquidated damages (double damages as a penalty) and reasonable attorney fees. The California Family Rights Act provides similar protections. However, your question provides no facts indicating whether FMLA or CFRA apply.

  3. Marilynn Mika Spencer

    Contributor Level 20

    1

    Lawyer agrees

    Answered . It appears you misunderstand what the Family and Medical Leave Act (FMLA) is. Please look at my Avvo guide on the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA): http://www.avvo.com/pages/show?category_id=6&pe....

    twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the... more
  4. Neil Pedersen

    Contributor Level 20

    Answered . The answer is no. However, if you were fired because you were disabled and needed time off, there might be a violation of your rights. If that is the case, it is important that you locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more

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