Legal Question in Employment Law in Pennsylvania

I work in Pittsburgh, Pa. at Mosebach Manufacturing as a QC Supervisor. Yesterday at 9:30am I asked for FMLA paperwork because I am going to need to get some testing and maybe surgery done. At 2:30 pm yesterday, I was laid off. I am a salary worker and middle of the road in seniority in my department. Nobody else was laid off. Also, it seemed odd I got laid off on a Monday when I get paid for the entire week regardless. I just wanted to know if I had just cause for legal action.


Asked on 6/01/16, 12:46 pm

1 Answer from Attorneys

Domenic Bellisario Law Office of Domenic A. Bellisario

It is unlawful to interfere with the right to take FMLA leave or retaliate against a person asserting their right to such leave. Please keep in mind that the FMLA only applies to employers and employees who meet certain criteria. A covered employer is a:

Private-sector employer, with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer;

Public agency, including a local, state, or Federal government agency, regardless of the number of employees it employs; or

Public or private elementary or secondary school, regardless of the number of employees it employs.

ELIGIBLE EMPLOYEES

Only eligible employees are entitled to take FMLA leave. An eligible employee is one who:

Works for a covered employer;

Has worked for the employer for at least 12 months;

Has at least 1,250 hours of service for the employer during the 12 month period immediately preceding the leave*; and

Works at a location where the employer has at least 50 employees within 75 miles.

You should contact an experienced lawyer to discuss your case in detail. I have handled many FMLA cases, as well as other types of employment cases. Feel free to contact me for a no cost no obligation consultation. (412) 471-6463.

Read more
Answered on 6/02/16, 5:08 am


Related Questions & Answers

More Labor and Employment Law questions and answers in Pennsylvania