Can I sue my supervisor for applying for FMLA for me without my consent?
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Can I sue my supervisor for applying for FMLA for me without my consent?
I was put on a probation period at work where I am not allow to be late or call off for 6 months. I was advised by supervisor to apply for FMLA. Once the meeting finished she came to me with a letter that had my name and current date and stated “Thank you for applying for FMLA but at the moment it’s been denied to the fact you have not been here for 12 months.” I never did apply for FMLA or gave her the consent to do so.
Asked on August 16, 2010 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Lawsuits are designed to compensate people for damages or injuries: the loss from a breached contract, the repair or replacement of property, medical or other out of pockect costs, or even physical pain and suffering. If there have been no damages or losses, there is nothing to sue for for and recover, which means that even if the other party is in the wrong, it is likely not worth it to sue--lawsuits can be expensive and time consuming. You may wish to report your supervisor to HR or higher-level management, however, it is not likely that a lawsuit is the correct way to seek redress--unless you have suffered some monetary loss as a result of these actions. In that case, it would be appropriate.
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