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I was recently terminated from my job. Something about the…

I was recently terminated...

I was recently terminated from my job. Something about the whole process did not seem right. I was let go after being out of work for 6 weeks on FMLA and had returned to work for 1 day then terminated. I just have questions about this and other things that was going on at work.

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

Contacting an attorney was my next step. As far as HR, I am not sure I would get anywhere with them.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No union, I worked for a non-profit hospital.

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

I just feel the way the situation wasn't handles right. I had had several conversations with the manager and got no where. There was also some bullying going on which was never resolved.

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Answered in 6 minutes by:
5/7/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,631
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Bullying, unless based on race, religion, gender, age, disability or FMLA use, generally has no cause of action against the employer. It isn't actually illegal in this country, again, unless based on one of those factors.

Now, the timing of your termination is very suspicious. It immediately following your FMLA use. You need to file a complaint with the federal Department of Labor, who enforces FMLA. They will investigate the matter and preserve your right to sue for discriminatory termination. You must go through the DOL and you don't have a long time to do so, so immediately contact them. You don't need an attorney to get that process started, because this isn't a complaint to a court. It is a request for an investigation, so you don't have to have outlined your case here. You just need to be able to state a suspicion, as you have here.

After the investigation is done, you will be provided a "right to sue" letter and you'll be given the report by the DOL so that you can better understand the strengths and weaknesses of your potential case. It is at that time that an attorney would be needed to file a federal lawsuit and you use the report as the way to get attorneys to consider your case.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,631
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 3 months ago
I was pleased with response from Allen M. He answered my questions on my questionable termination.
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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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