Legal Question in Medical Leave in New Jersey

Fmla

My FMLA started on 2/19/09, on 2/27/09 I was informed that the company is eliminating my position and I am no longer employed. Is this legal?


Asked on 3/01/09, 11:32 am

2 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Fmla

From what I know, I can't see how it is. Of course, this is why people have lawyers. This is not my area, but I can refer you to a good attorney near Toms River that can help you. Just call me at 732/247/3340.

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Answered on 3/01/09, 11:49 am
Locksley Wade Law Office of Locksley O. Wade

Re: Fmla

The termination of your employment may be legal if your termination is neutral and it is not connected with your FMLA. An ideal example would be if your entire department was eliminated. You should ask yourself: (1) am I the only one? (2) even if I am not the only one are there unique characteristics of the other terminated employee(e.g all over 40; race; nationality; disability)? If you can find no unlawful reason as outlined above, contact your employer and inquire whether there is a possibility for you to re-join the company in another capacity given that you may not have had adequate notice to get your affairs in order given that you were on leave. Best wishes.

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Answered on 3/01/09, 1:33 pm


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