Legal Question in Medical Leave in California

Fmla

I have been on intermittent FMLA for over 1 year. Mostly driving my husband to medical appointment and if an emergency comes up and he needs help. After 12 years with the company I am getting laid off effective 09/12/08. There are also others effected, but I think being on FMLA concurrent to workman's compansation restrictions working only 6/hour/30/hour day/week had something to do with me be effected. Do I have any recourse?


Asked on 8/22/08, 11:46 am

2 Answers from Attorneys
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Fmla

Based on what you have posted it doesn�t appear that you would have a valid claim that you could bring against your ex-employer.

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Answered on 8/31/08, 7:03 pm
Terry A. Nelson Nelson & Lawless

Re: Fmla

The burden is on you to prove the FMLA was a cause of the layoff. With others also laid off, that will be tough. Speculation doesn't count. If you have any direct evidence, witness testimony, documents, etc., showing admissions or discussions of mgmt that they targeted you, feel free to contact me to discuss the facts, your rights and remedies.

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Answered on 8/22/08, 1:29 pm


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