Employment Law

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Employment Law

I am a employee with fmla status I am currently suspended

Customer Question
Hi I am a employee...
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: 1 year ago.Category: Employment Law
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Answered in 5 minutes by:
9/14/2016
Employment Lawyer: Loren, Lawyer replied 1 year ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 34,914
Experience: More than 30 years in legal practice.
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Thank you for using JustAnswer. I am Loren, a licensed attorney for over 30 yrs, and I look forward to assisting you.

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Employment Lawyer: Loren, Lawyer replied 1 year 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.

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Employment Lawyer: Loren, Lawyer replied 1 year ago

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

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Employment Lawyer: Loren, Lawyer replied 1 year ago

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Employment Lawyer: Loren, Lawyer replied 1 year 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.

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