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Is it legal to fire and harass an employee for requesting FMLA?

New York, NY |

Requested FMLA, the employer started harassing and stating the employee cannot attend work. Then the employee was fired, and one of the stated reasons was apparent communication related to FMLA request.

Attorney Answers 2


  1. As I am not licensed in your jurisdiction, this answer is strictly for informational purposes only. However, under federal law, The FMLA prohibits an employer from discriminating against an employee for requesting FMLA leave, which includes retaliation. The FMLA also prohibits an employer from interfering with an employee's right to take FMLA leave. Accordingly, your question suggests a possible violation of the FMLA. I therefore recommend you consult with an experienced employment attorney in your jurisdiction.

    This answer is provided for informational purposes only and should not be relied on as legal advice. You should be aware that no attorney-client relationship is established through this answer and none will be established without a personal consultation and the signing of an engagement agreement.


  2. No, that is not legal. You should contact an experienced employment attorney for a free consultation immediately. It will cost you only your time and will allow you to learn about your potential claim and discuss your options.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/WhiteRoseMarks) or Facebook (http://www.facebook.com/WhiteRoseMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

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