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

Asked in New York, NY - 8 months

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)

Vincent Peter White

Jackson Heights Employment / Labor Attorney

Licensed in NY

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Answered 8 months ago. 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.

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White, Rose and Marks, L.L.C.

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Josh Michael Friedman

Chicago Employment / Labor Attorney

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Answered 8 months ago. 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... more