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
Did the employer take this action due to his FMLA request?
If he does not return to work, it would be considered as a resignation, and he would be denied unemployment benefits,
In terms of an EEOC complaint, if he feels the termination is due to his age, race, gender, or other protected civil right he can file an EEOC complaint
If the employer has taken negative actions, due to his FMLA request that is a violation of the Federal law, and he can file a retaliation complaint and lawsuit against the employer,
He can file a DOL complaint for the FMLA retaliation,
He should consider going back to work, and if they terminate him, then he can file for unemployment benefits,
We'll file with the EEOC after he returns to work to prevent retaliation...Thanks
Also, consider filling a DOL complaint for the FMLA retaliation,
if the employer did this after he filed a complaint, that is clear retaliation and
he can sue them for violating the law.
Should he go back to work?
U.S. Department of Labor (DOL)ESA Wage & Hour DivisionCharlotte District Office800 Briar Creek RoadSuite CC-412Charlotte, NCNNN-NN-NNNNbr/>Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNN/p>
U.S. Department of Labor (DOL)ESA Wage & Hour DivisionRaleigh District OfficeSomerset Bank Building4407 Bland Road, Suite 260Raleigh, NCNNN-NN-NNNNbr/>Phone:(NNN) NNN-NNNNor(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNN/p>
he should go back to work, and if terminated, he can apply for benefits,
if he does not return to work, they will consider him as quitting, and he would be denied benefits, unless he can show good cause to quit, which is difficult.
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Thanks should have done this hours ago....
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