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Resignation After Violations of FMLA

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  • 01-21-2012, 12:04 PM
    chiko1971
    Resignation After Violations of FMLA
    My question involves labor and employment law for the state of: Texas

    I have worked for the company for nine years and a manager. The new boss was hired a year ago and has tied my hands when it comes to purchasing and ordering supplies. He set out on a witch hunt and went to the employees under me and asked if there were any issues with me, to which the replied, yes. We do not have supplies. I reminded him of his directive. There is much more, obviously. I went to the doctor and was given two months of leave under FMLA and the Dr. sent the info to my company. She was in the process of finishing out the FMLA paperwork. Four days later, I received ten phone calls, multiple texts and emails that my boss wanted to talk to me. I called him and he basically said that I was fired or could resign. I told him twice that I could not make a rational decision right now, and that I was under FMLA protection. He said that he had not received the paperwork and I replied that it was being completed by the Dr. He did admit that he received the notice from my doctor that stated I had two months of leave approved. He pressed the issue and I finally said that I would resign.

    What are my rights here? I qualify for FMLA because I have met all of the requirements and I do not see how I can be terminated/forced to resign while on FMLA.

    Any insight or advice is appreciated!
  • 01-21-2012, 01:20 PM
    cbg
    Re: Violations of Fmla: Do I Have a Case
    FMLA protection is not absolute. You cannot be fired because you applied for FMLA or because you used FMLA. But if you would have been fired whether you went on FMLA or not, you can still be fired.

    So, why did your boss say you were fired? If it's BECAUSE you took FMLA, that's illegal. If it's because of your conflict over purchasing, that's not.
  • 01-21-2012, 05:58 PM
    ESteele
    Re: Violations of Fmla: Do I Have a Case
    If the employer cited the supplies issue or any other issue as a “pretext” for discharging you for taking FMLA leave, then you may have redress to challenge your termination.

    You probably want to consult with a knowledgeable local employment lawyer in order to determine whether it appears you have a viable claim under FMLA. He or she can assist you in ascertaining whether the explanation for your discharge seems valid or pretextual.
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