Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

If I apply but need to stay home immediately,

Customer Question
If I apply for FMLA...
If I apply for FMLA but need to stay home immediately, before I receive approval, can my employer fire me for not going to work?
Submitted: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 23 minutes by:
7/9/2015
Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,450
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you have a qualified medical condition and have asked for leave under FMLA for that condition, that FMLA is retroactive to the first date you must be out of work for your qualified condition. Thus, if you have to stay out immediately for a qualified reason, your employer cannot terminate you if they know or should know that FMLA should apply and they know because you have submitted the request.
Ask Your Own Legal Question
Customer reply replied 2 years ago
It turns out that my company did not qualify for FMLA because our specific location does not have 50 employees. I filed for short term disability instead. Short term disability requires that i be disabled for 8 days before it kicks in. I filed and my company fired me before the 8 days was complete. Can they do that?Thanks
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 119,450
119,450 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

119,450 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I am on short term disability and FMLA from work related to
I am on short term disability and FMLA from work related to sarcoidosis that may be in my nervous system I had to have both knees repaired in 2016 related to meniscus repair is from a fall in work at … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
119,450 satisfied customers
We have an employee that was injured at work last October
We have an employee that was injured at work last October and has been out ever since...receiving Workers Compensation benefits. We have continued her medical and dental benefits the past year, but no… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
There is an Employee Code of Conduct for all public
There is an Employee Code of Conduct for all public employees at a university. Additional code or rules usually exist for specific categories of employees, such as supervisors. An example of such rule… read more
Pedagogical Esq.
Pedagogical Esq.
Juris Doctorate
1 satisfied customers
I am an employee at a day care center who an employee took
I am an employee at a day care center who an employee took out a loan using the center as a co signer the payments got behind and the person failed to notify the center and now the loaner has frozen t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
I received an interrogatory for a terminated employee. The
I received an interrogatory for a terminated employee. The interrogatory does not request a termination date however the attorney called to ask for the date of termination. Do I release the informatio… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
If an employee begins working for a few days, then the
Hi! If an employee begins working for a few days, then the background comes back failed due to a reason that doesn't qualify him/her hire-able, are they protected under ban the box because they have a… read more
KJL LAW
KJL LAW
Juris Doctorate
1,618 satisfied customers
Is it legal to be both an employee and a contractor for the
Is it legal to be both an employee and a contractor for the same business owner? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
I was only approved for short term disability benefits from
I was only approved for short term disability benefits from Lincoln financial until 8/10 . I have submitted additional paperwork submitted from another doctor documenting that I can't go back to work,… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
I went out on a short term disability on July 14 for 30
I went out on a short term disability on July 14 for 30 days. Yesterday I was told my claim was denied because the Dr did not provide the necessary info. The Dr's office said my employer did not provi… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Over 2byears ago I was on californian short term disability
Over 2byears ago I was on californian short term disability and during this time my company shut down. I was still collecting disability from the state but I was very concerned I would loose my layoff… read more
Thelawman2
Thelawman2
Doctoral Degree
1,240 satisfied customers
Ray. I am now in my second short-term disability with
Hi, Ray. I am now in my second short-term disability with Anthem, and although my doctors have not released me back to work I was denied my appeal to last request for authorization of short-term disab… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
Can a commercial short term disability claim be offset by
Can a commercial short term disability claim be offset by Social Security Retirement benefits taken before the disablity claim … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
I am on short term disability for double total knee
I am on short term disability for double total knee replacement. I was contacted by my employer this morning. They wanted to know approx. how long I expect to be out for rehab to full on rtn. to wk. I… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
I'm currently on short term disability from my emplyer due
Hi. I'm currently on short term disability from my emplyer due to accident involving a drunk driver , if I quit before returning to current employer following short term disability leave, must I pay b… read more
John
John
Attorney
Doctoral Degree
5,765 satisfied customers
Short term disability employee paid heart attack and knee
short term disability employee paid heart attack and knee operation took vacation and sick days … read more
John
John
Attorney
Doctoral Degree
5,765 satisfied customers
I am out of work on a short term Disability, and my employer
I am out of work on a short term Disability, and my employer canceled my medical ins. What do I do … read more
John
John
Attorney
Doctoral Degree
5,765 satisfied customers
I have been out of work with FLMA and Short term disability
I have been out of work with FLMA and Short term disability and am deciding not to return back. Will I be eligible for unemployment? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I need to find out how to apply for short term disability
I need to find out how to apply for short term disability benefits in the state of California.… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x