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Wrongful termination due to disability discrimination.

Customer Question
Wrongful termination due to...

Wrongful termination due to disability discrimination.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Maryland

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will/ full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Employer falsified misconduct allegation 3 days after I made an FMLA inquiry

Submitted: 8 months ago.Category: Employment Law
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Answered in 5 minutes by:
10/17/2017
Employment Lawyer: Dwayne B., Lawyer replied 8 months ago
Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 34,389
Experience: Employment Law Expert
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

While waiting for a response, please do not keep asking questions, such as "Are you there", etc. since that can erase whatever I am writing and also interrupts the thought process. I will be back with you as soon as I can do any research necessary, formulate a response, and type it in.

If you receive a notice or email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the notice or email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

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Employment Lawyer: Dwayne B., Lawyer replied 8 months ago

Is there a specific question with which I could assist?

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Customer reply replied 8 months ago
I was terminated today due to a false misconduct allegation (I have evidence as the allegation is truly false) just 3 days after making an FMLA claim inquiry. What can I do? Ive already filed for unemployment and created a discriminatory claim with the EEOC
Employment Lawyer: Dwayne B., Lawyer replied 8 months ago

A claim based on FMLA must be filed with the Department of Labor NOT with the EEOC so you need to refile with them. Whatever is the reason you are asking for FMLA leave you can allege is a disability and then the EEOC would have jurisdiction over that part.

After you file with the DOL then you should start looking for an attorney to assist you. You can do that by going to www.lawyers.com and in the section for Area of Practice enter Employment Law.

That's all you can really do until you hear back from the agencies.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Even if you are a subscriber or have a trial membership please leave a 5 Star Positive Rating so that the website knows I have answered your question.

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Customer reply replied 8 months ago
To make myself clear, I made an FMLA inquiry while at work through my jobs Disability insurance (Sedgwick) then all of a suddenly 3 days after I made this inquiry, I was then called in by my manager about a false allegation of misconduct
Employment Lawyer: Dwayne B., Lawyer replied 8 months ago

That makes the case a little harder to prove, but the relationship between the time you asked and the time you were fired is at last some evidence.

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Customer reply replied 8 months ago
What evidence would you suggest that will be strong enough for this case to be proven?
Employment Lawyer: Dwayne B., Lawyer replied 8 months ago

It could be any of a thousand different things. Witnesses, notes, emails, etc. all can prove the case. I've done hundreds of these types of cases and can't think of two where the deciding factors were the same.

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Customer reply replied 8 months ago
I have screen shots of emails, instant message conversations with other employees, pictures, you name it
Employment Lawyer: Dwayne B., Lawyer replied 8 months ago

Usually these cases are won not by any one particular thing but by a bunch of little things that add up.

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Employment Lawyer: Dwayne B., Lawyer replied 8 months ago

Did you have additional questions?

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