More details to this question:
Hello my name is Adam Herring I had been with Flowers Foods since November 2010. In February of 2016 my wife gave birth to our third child. After one week I was forced to take FML The entire time I was out I had stayed in contact with my supervisor. Once I contacted HR they told me to take as much time as needed. After about 10 weeks during a post birth check up found cancer that had to be operated on immediately. i let HR know right away then on june 17 2016 my director called me and asked me how everything was going and I told him I needed more time to help my wife due to the slow healing process. He told me to take as much time as needed just call him once i was ready to come back. on july 12th i called him and he told me i was terminated. (i have all emails and the last call where i was told i was terminated i recorded).
1 ANSWER
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This is a very tough situation. In general, if you are an FMLA covered employee, working for an FMLA covered employer, you are eligible for upto 12 weeks of leave for your own serious health condition or the serious health condition of an immediate family member. However, once you run out of FMLA (the 12 weeks) then you can be terminated. So, at base, it looks like you are out of FMLA which means the employer could lawfully terminate you. If that is the case, there probably is no legal claim for your termination. There is small chance that if the company misled you about your FMLA leave, then you might have a claim. Honestly, I think that is a stretch, but if you want to follow up on that you should consult with an experienced employment attorney to discuss your situation in depth and to give them any paperwork you received from the employer regarding your employment.
I am sorry this happened.
Answered on Oct 22nd, 2016 at 6:54 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.