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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12554
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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What laws are broken wrongfully terminated twice while under

Customer Question

What laws are broken for being wrongfully terminated twice while under FMLA. AND WHAT SHOULD I DO
Submitted: 2 years ago.
Category: Employment Law
Expert:  Andrea, Esq. replied 2 years ago.

Thank You for bringing your question to JustAnswer.

The Family Medical Leave Act (“FMLA”) is a Federal law and if the employer is subject to this law, he will be penalized if he takes any retaliatory action against any employee who exercises his or her rights under FMLA. Under FML, an employee has the right to take leave fort medical reasons which he or a member his immediate family is experiencing.

  1. What reason did your employer give you on each of the two occasions on which he terminated you ?

  2. What did the EEOC tell you when you reported your employer to that office ?

Thank you,


Expert:  Andrea, Esq. replied 2 years ago.

I am sorry to hear that the EEOC was not more helpful . Although it is the Department of Labor, Wage and Hour Division which oversees FMLA, and takes and investigates complaints of employer violations of FMLA, the EEOC could have been more helpful to you. They could have taken the complaint, but also told you that you would also have to file your formal Complaint with the U.S. Department of Labor, Wage and Hour Division because it is those Agencies which do the actual investigation of employers who violate FMLA by taking retaliatory action against an employee who exercises rights given to them by FMLA which is Federal Law. This way, there would have been two complaints filed against your employer for FMLA violations.

Once you file your formal Complaint with the US Department of Labor, Wage and Hour Division, they will investigate your employer’s violations and impose the appropriate fines and penalties against him. Under these circumstances, if you wanted your job back, you could speak to the Wage and Hour Division and they could help you to be reinstated. But that is totally up to you if you want this or not.

Please let me know if I have not Answered your question completely and I will be glad t explain further.

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Customer: replied 2 years ago.
I think the EEOC do have a file on me. The first termination was 6 months ago for absences that Had not been keyed yet by sedwick for my FMLA. The day of termination I tried to tell them that. But my supervisor did retaliate against me. She got mad when sedwick called them not long after she started the process for terminatipn to let her know that my days were approved, So she went went way back to October to find something to use to terminate me with. I open doored it and got my job back. Then last week a new supervisor for my department came out of nowhere and terminated me for job abandonment on my off days saying that I wasn't calling in But my days had already been approved under my FMLA. Any way things were not handled properly in both situations. I was wrongfuly terminated in both situations. And again I got my job back. I'm tired of stressing about what's going to happen next with this job at walmart. I want to know if you have any suggestions for me as to what I should/could do from a legal standpoint.
Expert:  Andrea, Esq. replied 2 years ago.

I am sorry to hear that your job is giving you so much trouble. It seems like one department does not know what the other department is doing and they are all acting independently of each other. Since you were once again wrongfully terminated because of mistakes on their part, the best thing you can do for yourself is to go in person to the nearest office of the US Department of Labor, Wage and Hour Division and file a formal complaint. Tell them exactly what is going on and what you have been subjected to. You should not have to be subjected to this because a supervisor is not checking first to see that your absence from work was already approved and that the action taken against you by terminating you was unlawful to begin with. If they had checked first, they would have seen that your absence from work had been approved and that they had no right to terminate you. The only way that this will be resolved is if the Office of the US Department of Labor gets involved, speaks to someone who has authority at your place of employment, and informs them that they are subject to penalties because of their unjustified actions against you.

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