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What can an employee do if HR is taking termination steps…

Customer Question
What can an employee...

What can an employee do if HR is taking termination steps for issues related to FMLA?

Lawyer's Assistant: Have you documented this or discussed it with HR?

HR is doing the investigations and requesting information FMLA leave that cannot be explained without illness specifics. HR states not to disclose medical information. After that the illness relapsed massively and tried to work though it, but left because the sickness was too severe. A second issue arose where there was someone who perceived impairment. This was over a week later with no way of proving it was illness. This is clearly leading to termination, but how should an employee handle this? There may not be a legal right to prevent termination, but there seems to be a hindrance in being able to provide proof, or asking for information in a way that could be used against the employee with no way of the employee proving innocence. Example: A perceived impairment when testing cannot prove there was no impairment, but then requesting all medications. What is an employee’s rights? Is there anyway of not allowing information requested in a way that could be used against an employee with no way for the employee to prove innocence due to time or specific medical information?

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

It is an at will fulltime.

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

Just wanting to know how to proceed to ensure employee is providing information truthfully and cooperate without it being used in retaliation.

Submitted: 5 months ago.Category: Employment Law
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Answered in 2 minutes by:
12/10/2017
Employment Lawyer: Legal Expert Justin, Lawyer replied 5 months ago
Legal Expert Justin
Category: Employment Law
Satisfied Customers: 236
Experience: Attorney
Verified

Hello! My name is ***** ***** I'll be the Expert assisting you today. Can you please clarify: are you working right now or are you still on FMLA leave?

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Customer reply replied 5 months ago
Intermittent leave.
Employment Lawyer: Legal Expert Justin, Lawyer replied 5 months ago

I see you requested a phone call, but payment failed. Would you like to try a different payment method?

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Customer reply replied 5 months ago
I signed for a free trial that would include a call but I’m not able to use the unclaimed offer.
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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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