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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17134
Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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I was terminated on 5/15/13 as claim part of workforce reduction.

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I was terminated on 5/15/13 as claim part of workforce reduction. I am the only person in NJ office bridge water in supply chain that got lay off. Coincidently I am on modify work schedule after a knee surgery, after my boss in California told me he rather i don't go on disability as he rather have me working then me completely out. I comply as good will. I had arrange for my peer to cover for me as urgent issue arise during my modify work schedule. Which by the way my boss got let go in California. In addition to that, my boss and director is aware that I will be on FMLA this summer as my mother has stage 4 cancer and my family is taking turn to care for her. I had even notify HR in 2/15/13 for the paper work so that the doc can fill that up and clearly state that FMLA will be inevitable and will work with family for we are taking turn to Carr for her. When I asked HR and my VP of supply chain for the rational of letting me go. They clearly state is not personal and performance related. It that my the product that I manage is not part of her strategy. Yet i have peer with similar product and lesser experience in NJ. I am convince my termination is my pending FMLA application and my absence due to my medical issue whether related to me or my mom. Please advise if the termination is unlawful that I am being retaliated against.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. Just to be clear, we cannot provide legal advice or a legal opinion on this Site, as is stated in the TOS that both you and I agreed to as Users of this Site. That is because we cannot form an attorney-client relationship. In addition, it would be unethical for me to give an opinion about something that I do not have all the facts to, including the facts from the employer's perspective.

With that in mind, I can tell you what your options are and discuss the law as it relates to your issue if you want. If that is what you are looking for, then can you tell me if you are in a union or have any seniority rights?
Customer: replied 1 year ago.
Ok, I am not a union and I do believe that I am be retaliated and I am looking to do pro se. How do I file with FMLA violation and do you advise I file with EEOC as well.
Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for your reply. In order to file a complaint for violation of the FMLA, you will need to file with the Wage and Hour Division of the U.S. Department of Labor. They are the agency in charge of enforcing the Act. You will want to contact them at the contact location at the bottom of the webpage related to FMLA, which you can find at: http://www.dol.gov/compliance/laws/comp-fmla.htm
You can file a complaint over the phone or they will supply you with a form. That said, you may really ultimately want to handle this, and your ADA issue together and through an attorney since you will have a stronger case if both issues are handled together. But if you want to attempt to file a complaint first with the DOL and also the EEOC, that is up to you.

I would indeed recommend that you file an ADA complaint as well. Not only for your medical issues, but also, under the "association" theory related to your mother's issues. If either your medical issues, or your mother's are the reason you are being let go, then those would both arguably be an ADA discrimination issue. You can find out how to file your complaint with the EEOC and the process by going to: http://www.eeoc.gov/employees/charge.cfm

The EEOC will generally try to schedule a mediation to try to resolve the issue before they fully investigate it, just to see if perhaps the parties can work things out before they spend a lot of time on it. If not, then they will investigate the allegations and issue you a "Right to Sue" letter or take the case themselves. When they issue the "Right to Sue" letter they will also say if they think the allegations are substantiated. If they do not, then it really is not generally worth it to go any further and file suit.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17134
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
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