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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18811
Experience:  Employment/Labor Law Litigation
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I was fired from my job and I have an FMLA because I worked

Customer Question

I was fired from my job and I have an FMLA because I worked at a job where I did data Processing for 9 hours a day. I had very bad migraine headaches as a result. Can I take any recourse to this?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.
Hello, my name is ***** ***** I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.
That really depends on whether or not you were terminated for taking FMLA leave.
A person on FMLA isn't legally immune to termination. They can be terminated for any legitimate, non-discriminatory basis the employer may have for termination. If there was an issue of performance, misconduct or the employer was just down sizing, any of those can be legitimate reasons for termination which don't offend the FMLA.
Now, if the employer has no legitimate reason, then the issue becomes whether or not you were entitled to FMLA leave and it was due to your FMLA leave that the employer fired you. Migraines can, but not always qualify for FMLA.
You would have to file a complaint with the Department of Labor (federal office in your state) because they investigate and enforce the FMLA.
Expert:  Allen M., Esq. replied 1 year ago.
There is no need to open an entirely new question to ask follow ups.
Just use Reply here.
Yes, you can resubmit a claim if you are having issues with a medical professional being uncooperative.
Customer: replied 1 year ago.
Thank you. Not the answer I was looking for but I worked for Citigroup, what does that tell ya, LOL!
Expert:  Allen M., Esq. replied 1 year ago.
Sorry it wasn't the answer you were hoping for.
Unfortunately, that is the law in this situation. Take care.
Customer: replied 1 year ago.
Citi was Hillary Clinton's biggest contributor to her foundation and ripped off millions of people after the bank fall down, now they are doing it to me. If they want me to bend down and grab my ankles, I would appreciate a kiss first, they should not be able to do this to the little guys. I worked for them for 8 years starting at 10.00 an hour and after all this time, I made 12.31 an hour. (Biggest Banking Institution in the world, shame on them)
Expert:  Allen M., Esq. replied 1 year ago.
I certainly sorry that you were treated in this fashion, but unfortunately I can't really do anything in regards ***** ***** issues like that.
Employment law is controlled by statute. Until Congress or state legislatures make employment situations more contractual than they presently are, employers have the power to release people.
Again, if you believe that the termination was specifically based on your FMLA use, you do have a recourse through the Department of Labor. They do investigate those matters and even sue employers sometimes (mostly they just grant you the right to sue in federal court).
If you have any further questions, just let me know. If not, take care and please rate my service.

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