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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 29056
Experience:  More than 30 years in legal practice.
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I am a employee with fmla status I am currently suspended

Customer Question

Hi I am a employee with fmla status I am currently suspended from my job and am fearing termination do i have any added protection because of the my fmla status
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: New York
JA: Is the employment agreement "at will," union, full time or part time?
Customer: union
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Employment Law
Expert:  Loren replied 2 months ago.

Thank you for using JustAnswer. I am Loren, a licensed attorney for over 30 yrs, and I look forward to assisting you.

Expert:  Loren replied 2 months ago.

You are protected from termination for requesting or taking such leave. If there are reasons for terminating you unrelated to the codified leave, you have no protection under the FMLA.

Of course, if the employer uses something as a pretext to terminate you for taking FMLA then you could file a complaint with the EEOC, alleging the pretext, and the employer would be required to show the termination was not due to FMLA.

Expert:  Loren replied 2 months ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 2 months ago.

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Expert:  Loren replied 2 months ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question. Thanks.