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Hello, My name is Debra and on February 04, 2009, I was terminated from my job. I worked for the Chamber of Commerce in Ripon, Calif. I currently have breast cancer and my supervisor told me I would have until March 04th off work. I remained working until October 23rd, 2008. On Feb. 4th, she came to my home and told me I was terminated because the board of directors all voted me out. They had indicated she needed help and I was on state disability until March 04th. As soon as my leave began, she did hire someone and told her it would be only temporary until my return to work. However, that person did not work out and she then hired another woman whom she did not tell the job would be temporary. When she came to my home, she told me they terminated me under the FMLA act. My job was only part time and I hadn't worked a year yet, so I was inelligible for this federal law. Do I have any recourse? I feel this was highly unethical and unfair. Please help me!

Submitted: 271 days and 2 hours ago.
Category: Employment Law
Value: $15
Status: CLOSED
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Location: United States

Already Tried:
I have called the Department of Labor and they indicated I was not elligible under this law because I did not fit the criteria. Therefore, this cannot be used to terminate me.

Accepted Answer

Thank you for contacting our JA team for guidance.

 

Unfortunately, it does not appear that the employer has violated the FMLA. However, California state law provides more protections for employees than most states. For instance, it recognizes an implied duty of good faith and fair dealing by the employer, which they may have breached here.

 

You should speak with an employment law attorney in your area. Look for one that offers free consultations and takes contingency fee cases. If you want your job back, getting an attorney involved could help. If not, you should have some recourse by filing suit against the employer. While this is not an EEOC case, they do provide referrals to experienced employment law attorneys. The CA state bar association may also be able to assist you.

 

I am very sorry you find yourself in this situation.


Please let me know if you need further information.

 

Best regards,

TK

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Expert: Tina G
Pos. Feedback: 98.8 %
Accepts: 
Answered: 2/25/2009

Lawyer

Recognized for excellence in labor & employment law by ABA/BNA. 12 years experience.

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