Employment Law Questions? Ask an Employment Lawyer.
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 many employees does the employer have?
Did you apply for FMLA?
Did they ever give you notice that you can apply for FMLA leave?
I didn't get a chance to....I just sent the doctors excuse yesterday, I expected to receive disability forms today, but they cut me loose instead. eliminated my position by eliminating my recruiting sales territory
This is a serious issue, under the law in NYS, the employer cannot terminate an employee if they may be entitled to FMLA leave,
that is the only job protection for employees in NY, unless you are a Union employee,
Have you worked fro the employer over one year?
Have you worked for the employer for more than one year?
I was also on approved medical leave from 4/22 - and returned 5/13. That time they did send FMLA info. But they did not for yesterdays incident.
I have been there for 3.5 years
You should have been given rights to apply for FMLA, and if you advised the employer the medical need for time off, you should have been given FMLA forms, and the employer under the law is prohibited from terminating an employee if they know they will apply for or need FMLA protection.
In this type of case, you should consider filing a DOL complaint for FMLA retaliation, or go to a local employment attorney about bringing a lawsuit against the employer for retaliation
U.S. Department of Labor (DOL)ESA Wage & Hour Division
You can file a FMLA retaliation complaint with the local office, near the county you live.
do you know anyone in Buffalo, NY?
We are not allowed to give specific attorney names,
however you can look at the link above for FMLA employment attorneys,
this is a one time charge of $28 right, not a subscription or recurring charge right?
also a google search for FMLA attorneys will provide you a complete list,
This is a one time charge,
Also, you can file the complaint with the local office, without an attorney
Buffalo Area Office111 West Huron StreetRoom 617Buffalo, NY 14202Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNN/p>
would there be monetary damages due to me?
yes, if they are found to have violated your FMLA rights, you can ask for significant damages,
and since they are a large employer,
I have actually already found a new job too, starts june 24, does that matter?
you can ask for and receive a good settlement
ok Sir, anything else I should know?
You can look at the link above for a recent FMLA retaliation verdict,
If satisfied with our service, please provide us with positive feedback,
If you have any further questions please do not hesitate to ask.
ok thanks for your help...we are good
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).