I have applied for FMLA/disability leave and my employer has now told me that I will be laid off during that leave. Is this legal?
2 Answers from Attorneys
Companies are usually advised to be cautious when terminating employees on FMLA leave, because the lay off cannot be related to their leave status. Do you have proof that, for instance, that you were the only laid off employee? If so, the lay off may have been pretextual and you could have a case.
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My firm just settled one of these types of cases. As Mr. Kasher pointed above, to run afoul of the FMLA, the decision to lay you off can not be related to your leave status or fear of future FMLA leave. Most employers are sophisticated in how they document their lay off decisions and although an employer would never admit to terminating an employee because of FMLA use, managers are human and make mistakes. Please do yourself a favor and speak with a qualified and experienced employment attorney. Most of us--like my firm--provide no cost telephone consultations.
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