QUESTION
I believe i was targeted for my use of fmla. After fmla was exhausted, I was terminated for excessive absenteeism, and retaliation for not liking me.
Asked on Mar 06th, 2018 on Labor and Employment - North Carolina
More details to this question:
I had worked for the company nearly 30 years and for the duration of employment I have had an ongoing fmla claim renewed as required. New management did not appear to like me and target me do to using fmla. I feel he waited to call me out stating I had more then 3 call in not on my fmla. I had time that could have been charged. I know for a fact other coworkers that never got repreminded for basically the same thing. Also others not terminated for 3 call in it happened all the time just depended on who it was. I know other areas and supervision that do not do this to employees. Basically I suffered from chronic migraines and Anxiety, depression disorders. I feel I was targeted and said that and a few months later I had no job. I feel it caused my disorders to increase while dealing with such management
1 ANSWER
4 Awards
If you were terminated due to your use of FMLA, you have a legal claim for wrongful firing even if you had used all of your FMLA time. Now, there will be a "proof" issue where the employer will say it had nothing to do with the FMLA usage and you will have to come up with evidence that it did. Further, it is possible that you might have a claim under the Americans With Disabilities Act depending on the exact facts. Althoug you have 2 years to initiate an FMLA lawsuit, you only have 180 days to initiate a claim under the ADA. I suggest you consult with an experienced employment attorney as soon as possible.
Keep in mind that attorney on this site are allowed to answer your questions, but cannot solict your representation. That means you will need to request help directly from the attorney before s/he can offer to represent you or consult with you.
Answered on Mar 07th, 2018 at 5:35 AM