If Iwas fired while out on FMLA, doI have a case?
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If Iwas fired while out on FMLA, doI have a case?
Asked on January 26, 2012 under Employment Labor Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
THE critical factor is why you were fired. You may not be fired because you took FMLA leave to which you were entitled; however, FMLA leave does not prevent you from being fired for other valid reasons. For example, if you violated company policy, were excessively absent (other than for the leave), were insubordinate, had performance issues, were in a department or location being restructured or downsized, etc., you could be terminated for those reasons. it may be that procedurally, you should be fired upon return from leave (and it could be immediately upon return), but in most cases, that will not make a practical difference. (e.g. if you are on unpaid leave, being fired while on unpaid leave may be the same thing as being fired the moment you return.)
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