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Is it wrongful termination of employment two weeks before return from arbitrary FMLA?The FMLA ( implied by my getting the doctors certification signed by two of my doctors) and the (consideration of the office) that I had until a prescribed time to return to work. My jobs lack of response further supported my thought process that I had a prescribed period within which to return to work. However 2 weeks prior to the prescribed time, I was fired. I had a bad relationship with one senior partner who set out to ruin my 20 year career with the blink of an eye, which I felt was racially motivated, because prior to working closely with him, I had rave reviews concerning my conduct, work efforts, reliability, etc. And finally they want to appeal any unemployment I feel entitled, having caused my nervous breakdown from the start. What do you think? Attorney answers (2)
Reputation Level 20
Answered over 2 years ago.
Lawsuit / Dispute Attorney in Chicago, IL.
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. 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-... If you have a wrongful termination of employment theory about hostile workplace conditions you'll need a lawyer. Check with a lawyer in your locale to discuss more of the details of the doctor's certification re FMLA. Good luck to you. God bless. NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. 3 people marked this answer as good
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Reputation Level 11
Answered over 2 years ago.
Employment / Labor Attorney in Blue Bell, PA.
...and now a response from a Pennsylvania lawyer.
If you properly invoked the FMLA process, *and* you had qualified for FMLA, you may be protected under the FMLA. Your question does not make it clear whether you had, in fact, been granted FMLA leave, and whether the firing was 2 weeks before your leave STARTED or leave ENDED. Unemployment is only available for those who are able and ready to work. If you were disabled to a psychological or other condition, then you wouldn't be eligible for unemployment. Since you seem to have a variety of issues which arise by virtue of the termination of your employment, you should contact a Pennsylvania employment lawyer as soon as possible. Some claims require that you take action within as little as 180 days. 3 people marked this answer as good
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