I was wrongfully terminated for an employee in my dept taking an FMLA which was considered not a valid FMLA

Asked over 4 years ago - Barrington, NJ

Can they terminate me for her invalid FMLA which they insist i had prior knowledge and other employees state so in written form which i denied ever having knowledge of . My unemployment is being determined by these facts I'm still not sure of the outcome. What is the worst case senerio for unemployment ?

Attorney answers (1)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . If you have a discrimination theory about retaliatory discharge or hostile workplace conditions you'll need a lawyer. Religious belief, age, gender, race etc. all are discriminatory reasons for which you cannot be legally fired and upon which you might base a wrongful termination suit.

    If you are an at-will employee, you can be fired for any reason or no reason, except unlawful discrimination. If you do not have an employment contract or union to represent you, your recourse is limited. Discrimination based on age, gender, race, religious beliefs etc.... may give rise to a different answer.

    You might find my Legal Guide helpful "Workplace Discrimination: A Basis for Wrongful Termination Claims"

    http://www.avvo.com/legal-guides/ugc/workplace-...

    You might find my Legal Guide helpful "How to Choose a Lawyer for you.”

    http://www.avvo.com/legal-guides/ugc/how-to-cho...

    You might find my Legal Guide helpful "What Do I Tell My Lawyer"?

    http://www.avvo.com/legal-guides/ugc/what-do-i-...

    No one can know what the record is in the case because online we cannot find out any details. Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. This observation is not like a communication with a lawyer with whom you have an attorney-client relationship along with all the privileges that relationship provides.

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