Legal Question in Medical Leave in Texas

Illegal lay possible action?

My wife became ill at work in March. After seeing several doctors it was determined she had a bad gall blader. She had it removed and was released back for work in June. Her employer had been telling her ''as soon as you are ready we need you back. As soon as she showed them the release they told her they have no place for her. They did not fire her but will not allow her to return to work. Do we have any kind of recourse?


Asked on 6/30/03, 7:13 pm

1 Answer from Attorneys
Trang Tran Tran Law Firm L.L.P.

Re: Illegal lay possible action?

Assuming that she is an eligible employee under the Family Medical Leave Act and the employer has employer has employed 50 or more employees for at least 20 calender weeks of the preceeding year, you can sue them for violation of the FMLA and recover liquidated damages and attorney's fee.

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Answered on 6/30/03, 7:39 pm


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