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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 28413
Experience:  Former judicial law clerk, lawyer
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My employer put me on FLMA leave and they terminated me

Customer Question

My employer put me on FLMA leave and they terminated me while I was on leave I spoke with the department of labor and they told me that my employer violated all my federal right but because the dont have 50 employees in a 75 miles radiees they can't help me .. so does that mean that there's nothin I can do .... that they can put a person on FMLA leave and do whatever they want ...
Submitted: 2 months ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 2 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The Family and Medical Leave Act only applies to employers with at least 50 employees within a 75 mile radius. Small employers, by definition, cannot violate that statute because they're not bound by it in the first place. However, some courts have found that the Americans with Disabilities Act requires employers to hold a job for someone in a situation where FMLA does not apply, as a reasonable accommodation. You may have recourse under the ADA if your employer is large enough that they would not have suffered an undue hardship by holding your job for you.

A successful employee under the ADA is entitled to compensation for their attorney's fees by the employer, so it may help to see if you can find someone in your area to help you negotiate with your former employer or file a lawsuit. A good place to start is www.martindale.com. The Utah Bar also has a service that allows low-income residents to find an attorney for a low-cost initial consultation. That might help, since you're not currently working.

https://www.utahbar.org/modest-means-lawyer-referral-program/

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Expert:  Lucy, Esq. replied 2 months ago.

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