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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18791
Experience:  Employment/Labor Law Litigation
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I have been off work for a week and a half with doctors orders,

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I have been off work for a week and a half with doctors orders, I went to a local bar the other night to pick up a friend, I was there about 2 hours, I'm management, now I'm being harassed by my district and maybe fired for this, is this legal?

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.


Yes, it is legal. Being on doctor's orders does not insulate you from termination if the employer feels that you were not appropriately released from work.


If you were at a local bar for two hours, the employer can reasonably hold the position that you were abusing the leave system.


Now, I'm not saying that you were. I'm just explaining to you that the employer can take that position. You'd have to argue that you were terminated in violation of the FMLA if you were actually using FMLA covered leave during that time off. If you weren't then your time off wasn't actually legally protected at all.

Customer: replied 3 years ago.

I was under fmla

OK. Understood. Again, FMLA doesn't insulate you from termination.


The employer can take the risk, and it is a risk, and decide that they feel you were abusing the FMLA system and didn't actually need to be out of work during that time.


You can disagree and file a complaint with the Department of Labor who will investigate the situation. The DOL can decide that your employer overreacted and punish them or the DOL can decide that you were abusing the system.


I really can't tell you what they'll decide. It's certainly not a good fact pattern for you, but it's not definitively abuse of FMLA either. I certainly think you should file with the DOL if you are terminated.

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