Been with comp 7+ yrs. Son got very sick company said short 16 days of qualifying for fmla, wouldn't let me use vacation days or take personal leave but suspended me for two days . Upon returning fro. Suspension presented medical leave papers, got approved granted medical leave but got terminated before leave was up. Union company going for second hearing in few days. Insurance cut off unemployment delayed and unable to draw off pension for year son still very sick had to be placed on homebound schooling. Is there anything I can do. Do I have any legal rights. Been out of work since 11/19/15 Said I failed to comply with requirements for a medical leave as reason for termination
North Carolina is an employment-at-will state which means you can be fired for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful if you engaged in one of a handful of "legally protected" activities and were fired for engaging in that activity. If either of these was the motive for the termination, then you may have a claim for unlawful termination.
The Family and Medical Leave Act (FMLA) provides covered employees who work for covered employers with up to 12 weeks of leave for a serious health condition. Not all employers and not all employees are covered by FMLA. The serious health condition can be the employee's own or of an immediate family member. If an employee on FMLA is able to return to work in 12 weeks or less, then the employer must return the employee to the same or equivalent position. Employees are also allow to take FMLA on a intermittent basis (here and there as needed).FMLA makes it unlawful for a covered employer to interfere with an employee's FMLA rights or leave or retaliate against an employee for exercising FMLA rights.
If you were not eligible for FMLA or had used all FMLA, you could lawfully be terminated.
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