QUESTION

Can I be fired while on medical FMLA

Asked on Jan 11th, 2017 on Labor and Employment - North Carolina
More details to this question:
Received phone call while on FMLA.. And was fired for misconduct that occurred 4 months prior
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1 ANSWER

Employment Law Attorney serving Concord, NC
4 Awards
Yes, you can be fired while on FMLA. The legal issue is whether you can file a legal claim relative to the firing.  North Carolina is an employment-at-will state where an employee can be fired at any time for any reason. The only time you can file a wrongful firing claim is when you can show that there was an unlawful motive behind the firing.    In this situation, if you engaged in misconduct before your FMLA and are truly being fired for that misconduct, then there is no wrongful firing claim.  However, if your FMLA leave itself is the reason for the firing, then you will have a legal claim.
Answered on Jan 12th, 2017 at 5:09 AM

I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.

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