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Is it a violation of FMLA if the employer knew that an

employee had a serious health...
Is it a violation of FMLA if the employer knew that an employee had a serious health issue and fired that employee, when 12 weeks of FMLA could have resolved the issue.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Tennessee
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time, I don't think there is a union.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The employer, Florim Tile, Clarksville, TN, knew of the serious health condition that required hospitalization in February 2017, after a week to 10 days the employee was back at work. Very little missed time until July 2017 at which time he was trying to get meds regulated. On a Friday, in July he told his supervisor that he did not need to be at work that day he was fired. The supervisor said he was faking.
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Answered in 1 minute by:
10/6/2017
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 58,145
Experience: Licensed attorney helping employers and employees.
Verified

Hello and welcome. I am working on your answer and will be right back!

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The employee could pursue a claim for retaliation and wrongful termination where reacted to the medical condition in this way and deprived/denied such leave. Often such claims will be negotiated by employment counsel locally leading to a settlement, but otherwise one can pursue court action as well! Kindly let me know if that is clear and acceptable.

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Customer reply replied 1 month ago
What are the most important facts to submitting a claim for retaliation and wrongful termination.

A chronology of events that would identify the condition, knowledge of the condition, any comments made, the conduct/retaliation/termination with focus on any texts or e-mails sent

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A good timeline based on these facts can help produce an early settlement as company often wants to avoid the risk and costs.

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If I can clarify anything let me know.

Kindly let me know if the answer is acceptable by replying "Yes" or "acceptable"

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Customer reply replied 1 month ago
Do you have any other suggestions? Will the $38 charge be the only withdrawal from my account.

Only charge.

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I would try to collect names of witnesses as well who can help confirm the chain of events and which will supplement your documents and narrative, all of which helps in the negotiation.

Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 58,145
Experience: Licensed attorney helping employers and employees.
Verified
Infolawyer and 87 other Employment Law Specialists are ready to help you
Ask your own question now

Good luck and have a nice weekend.

Kindly rate me 5 stars on your screen.

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Infolawyer
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 58,145
58,145 Satisfied Customers
Experience: Licensed attorney helping employers and employees.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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