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I suffer from debilitating migraines and have had been using FMLA as needed for them always with a doctor's note and treatment. I was just terminated and my employer stated my FMLA had run out although I was never notified it was even getting close to that. Is that legal to do without notification and also since I've always had doctor's excuses?
Optional Information: State/Country relating to question: Iowa Already Tried: Nothing
Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification
How long were you out due to FMLA?
Do you think the Termination was due to your FMLA use and disability?
The FMLA has been ongoing and I was told quite a while ago that it was based on a rolling year. I didn't take the time all at once but just as needed. I would have to do some research to find out exactly how many days in the last year it was for sure.Yes, my employer said I was out of FMLA and because my migraines weren't getting any better that they were letting me go. Also, they freely offered that they would not contest my unemployment. If I do have legal standing against my termination, would it hurt me to go ahead and file for unemployment now? I'm wondering if that is what they are hoping for?Mindy
If this was due to your intermittent FMLA use, they should have provided you notice when it was over, however you have two issues,
1. Consider sending a letter to the employer stating you will consider a FMLA retalition lawsuit for the termination, as well as a disability discrimination as they clearly stated your medical condition was the reason for the termination.
2. You should apply for Unemployment Benefits, and consider filing an EEOC complaint for disability discrimination and and FMLA Retaliation case with the State department of labor.
A local attorney needs to review the entire matter to see if you have a valid argument for both cases, but from the facts you have provided it does seem that you could make the above arguments.
To file a claim with the EEOC, contact your local EEOC office below. More information about filing a claim with the EEOC can be found at http://www.justanswer.com/employment-law/link?url=http%3A%2F%2Fwww.eeoc.gov%2Ffacts%2Fhowtofil.html.
In Iowa, a discrimination complaint can be filed either with the state administrative agency, the Iowa Civil Rights Commission (ICRC) or the federal administrative agency, the Equal Employment Opportunity Commission (EEOC). The two agencies have what is called a "work-sharing agreement," which means that the agencies cooperate with each other to process claims. Filing a claim with both agencies is unnecessary, as long as you indicate to one of the agencies that you want it to "cross-file" the claim with the other agency.
The Iowa anti-discrimination statute covers some smaller employers not covered by federal law. Therefore, if your workplace has between 4 and 14 employees, you should file with the ICRC, as the EEOC enforces federal law, which covers only employers with 15 or more employees. If your workplace has 15 or more employees, you may file with either agency; however, some Iowa attorneys recommend that you file with the ICRC first for all types of discrimination claims especially because the state has a shorter period in which you must file.
To file a claim with the ICRC, contact its office. More information about filing a claim with the ICRC can be found at: http://www.state.ia.us/government/crc/index.html.
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Experience: 13 years experience, Union NYSUT lawyer