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  1. #1
    Join Date
    Jul 2011
    Posts
    3

    Smile FMLA Termination - Call in Looked "Suspicious"

    My question involves labor and employment law for the state of: Iowa

    First post, and I think it's a doozie. (Finally posted after months of lurking). Thanks for all your valuable insight. Quick and dirty.......

    Got FMLA (12 weeks/intermittent leave) in March of 2010 for a heart condition. In February of 2011, I found out my supervisor was questioning my co-worker (and roommate) about where I was that night, and why I called in. Filed complaint with Management.

    Renewed my FMLA on April 1st. On April 3rd, called in for FMLA. Was questioned and fired on May 3rd. One of the reasons stated was that they looked at personal time I had taken in early April, and that my FMLA was suspiciously close to those dates. They had absolutely no proof of FMLA misconduct beyond that.

    I should also note that my personnel file was fairly clean, and had zero write ups in the time stated to my termination.

    In the TWO following unemployment hearings they stated that a reason for firing was that my FMLA call-in was suspiciously close to my vacation time. Both these were legal hearings and transcribed.

    So now, I have heart failure and no insurance or job. I know this almost sounds like a fake post because it seems to good to be true for a legal fight. Thoughts?

    Again, thanks. I appreciate the replies in advance.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: FMLA Termination - Call in Looked "Suspicious"

    Is your question about wrongful termination, denial of unemployment benefits, or both?

    Is there anything we should know about the unemployment appeals, that led UI to accept your employer's version of events (apparently that you abused FMLA leave to take extra vacation) as opposed to your own?

  3. #3
    Join Date
    Jul 2011
    Posts
    3

    Default Re: FMLA Termination - Call in Looked "Suspicious"

    Thank you.....good questions.

    My claim is FMLA discrimination.

    I had to go to the official appeal, because I missed the initial fact finding interview (whoops). Once I got to the appeal, it was a slam dunk. I have been receiving benefits for 3 months now. I also have transcripts for both interviews.

    According to the transcripts....My employer claims that they have a "facebook posting" that shows I was out of town the day of my last FMLA call-in. I promise that posting does not exist, nor was it ever created. I have no idea what they could even be talking about. So, they claim it was "suspiciously close" to my vacation time, and have fabricated evidence. Nothing more.

    So, without any real evidence, and only "He took FMLA, and we fired him because the date was suspicious"......That sure looks like FMLA retaliation.

    Thoughts?

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