Legal Question in Medical Leave in Kentucky

Husband was fired

My husband was fired from his job after taking an fmla leave for surgery on his ear. His union rep. has informed him that his case is being reviewed by their law board. Should he seek his own legal advice or just wait, it's been 5 months since he was fired and over a year since he's had the surgery.


Asked on 6/30/08, 10:17 pm

1 Answer from Attorneys
Andrew Dutkanych III Biesecker & Dutkanych

Re: Husband was fired

There is no requirement for you to exhaust your union rights prior to pursuing a FMLA claim against the Employer. Of course, if the Union is pursuing your matter adequately, you may want to let the process run its course prior to spending the money to hire an attorney. You have two years from teh termination date to bring a claim in Federal Court under the FMLA. That said, it is worthwhile to obtain at least consultation from an attorney so that you are independently aware of your rights. Most attorneys, including myself, offer a free initial telephone consultation for this purpose. Feel free to contact me if you wish at the number listed in my profile or [email protected].

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Answered on 7/01/08, 9:05 am


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