QUESTION

Do I have a good case for wrongful termination or discrimination?

Asked on Jul 12th, 2023 on Labor and Employment - Texas
More details to this question:
I was let go from my Position as General Manager(salaried employee) from Club 4 in Flower Mound. I was home recovering from Emergency Gallbladder surgery under a Doctors care with Documentation provided to employer stating my limitations and when I could return, After they received my Doctors note. My immediate supervisor scheduled a quick call with me. Quick talk stated that due to fact that current moment I was not capable of performing all duties required, They wanted to go ahead and part ways for they found replacement for me. My limitations was not being able to lift over 15 Lbs Until June 13th from my Surgery Done on May 15th but could resume all other functions May 30th. This call was done on May 24th 6 days before I was to return to work.
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1 ANSWER

Commercial Litigation Attorney serving Frisco, TX at Reid Dennis & Frick, PC
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It depends.Under the Family and Medical Leave Act (FMLA), an employer with more than 50 employees must allow an employee who has worked at least 1250 hours within the last 12 months at a facility at which at least 50 employees are employed within a 75-mile radius up to 12 weeks of paid and/or unpaid leave as a result of a serious health condition.  I think your emergency gall bladder surgery almost certainly qualifies as a serious health condition.  If it was an emergency on May 15, 2023, you were certainly within 12 weeks at the time of the call on May 24, 2023.Facts not included in your question that are important are:  1) Does your employer Club 4 have more than 50 employees; and 2) had you worked at least 1250 hours within the 12 months preceding your emergency surgery at a facility at which at least 50 employees are employed within a 75-mile radius?I'm going to speculate that Club 4 is a fitness franchise, and I know there are numerous Club 4 fitness centers in the DFW area.  I'm also going to speculate that your employer is a franchisee, and not the franchisor.  I'm going to speculate that an individual fitness center probably does not employ 50 employees.  So it may be important to learn what other locations your particular franchisee employer owns in the area, and how many total employees the franchisee has spread out among its DFW area locations.
Answered on Jul 12th, 2023 at 9:20 AM

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