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Was I discriminated

Clementon, NJ |

When I returned from being on medical leave with being out with the flu for 4 days, I was terminated from my job. Also, when I claimed my unemployment, they denied my benefits and stated that I was given a verbal and a written warning. I never signed any paper in regards to a warning. Last but not least when I was promoted to the department I got a pay raise to $13.25 and hour. In September they brought on another member to the team with no experience and she was making $16.00. When I brought it up that I was making less, they blew me off. I feel very discriminated and not sure if I have a case.

Attorney Answers 4


  1. It is possible but a consultation is necessary to go over every fact and proof. Try to create a timeline prior to consultation and any evidence and/or witnesses.

    973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.


  2. It is unlawful to interfere with an employee's rights under the Family and Medical Leave Act ("FMLA"). If an employee is terminated within a short period following his or her FMLA leave, he or she may have a legitimate claim against the employer for violation of the anti-interference provision or anti-retaliation provision under the FMLA. An experienced employment law attorney may provide useful legal advice to an aggrieved employee during the course of an office consultation. Note, FMLA claims arise under federal law.

    An employee may have grounds to appeal the denial of his or her application for unemployment benefits, when the denial is based upon the employer's unheeded, job performance "warnings." The employee should ensure the the appeal is correctly and timely filed with the unemployment agency. Note, unemployment benefit claims arise under state law.

    Moreover, an employee may have an FMLA interference claim against an employer that opposes his or her application for unemployment benefits within a couple of months following the employee's exercise of rights that are protected under the FMLA.

    This statement is intended for general informational purposes only. It does not constitute legal advice. It does not create an attorney-client relationship between the reader/questioner and the responding lawyer.


  3. It sounds like you were rightly fired for cause.Employers have every right to expect and demand attendance to work...or be fired.

    Advice provided is general in nature and should not be relied upon without retaining qualified and experienced legal counsel who is able to review in details the precise facts and details of your legal matter.The law firm of Hanlon Niemann and fredrick p niemann disclaims any express or implied guarantees or warranties associated with this response.


  4. You may have an FMLA claim. You may have been fired for cause and thus have no claim. Speak to a lawyer regarding the details of your case.

    Disclaimer: Any information provided through this forum is meant merely for informational purposes and is not legal/medical/tax advice. No attorney-client relationship exists as a result of this communication and to establish such a relationship, a potential client must enter into a written contract with the attorney. This attorney has not agreed to handle your case, nor will he do so until you have signed a written retainer agreement which outlines the obligations of both parties.

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