I was sick and had to take a leave of absence. When I came back to work, I was fired. Is it wrong for me to be fired?
Most companies provide “at-will” employment, meaning they can fire employees at any time for any legal reason. (Conversely, employees can quit at any time with or without cause).
However, under the Family and Medical Leave Act (FMLA), eligible employees can take 12 workweeks of leave annually for the following reasons:
- The birth, adoption or foster care placement of a child
- The employee’s own serious health condition
- Caring for a family member with a serious health condition
- Family emergencies that qualify including serious injury, illness or a family member’s military deployment
You should qualify for a leave under the FMLA if you have worked at least 12 months for a private-sector employer with 50 or more employees, a public agency or a public or private elementary or secondary school no matter how many workers it employs. You must also have worked at least 1,250 hours the year prior to taking leave.
In addition to meeting the eligibility requirements for FMLA, you must comply with your employer’s requirements for requesting a leave of absence.
If you have met all of the above conditions and believe your employer has violated your FMLA rights, you may have been wrongfully terminated. The experienced employment lawyers at Strong Advocates can assist you with a free legal case analysis and help ensure your rights are protected.
Other Employment Law FAQs:
- According to the rules for overtime pay in California, how long do I have to file an overtime pay claim?
- Am I entitled to overtime pay?
- Are there any restrictions on what an employer can ask me during a job interview?
- Can employers assign work based on employees’ ages?
- Can I get fired for reporting sexual harassment to my employer?
- Can my employer ask about my age?
- Can my employer legitimately deduct anything from my paycheck?
- Can temps file discrimination lawsuits?
- Does an employer have to give me rest breaks?
- How and when do you file an unlawful retaliation lawsuit?
- How can I prove age discrimination in my workplace?
- How do I recognize on-the-job discrimination?
- How is illegal retaliation defined?
- How is national origin discrimination defined?
- How to Report Sexual Harassment at Work?
- I am scared to report sexual harassment because I fear that I will be retaliated against by my employer. What should I do?
- I was sick and had to take a leave of absence. When I came back to work, I was fired. Is it wrong for me to be fired?
- If I was sexually assaulted many years ago, can I still bring a civil lawsuit for damages?
- If my employer violated the terms in the employee handbook by firing me, can I hold him responsible?
- Is an employee or applicant protected from discrimination because of their past pregnancy?
- Is my employer responsible if I am sexually harassed at a company-sponsored event outside of working hours?
- Is sexual battery charged as a misdemeanor or felony?
- My employer does not pay mileage reimbursement when I use my own car for company business. What is the California law on mileage reimbursement?
- My employer does not pay overtime pay. What is the California law on overtime pay? Am I supposed to receive overtime on my commission also?
- My employer yelled and cursed at me. Can I sue him or her for harassment?
- What are my rights regarding breaks and meal periods?
- What are the federal and state laws and regulations which provide legal protections for employees?
- What are the signs of age discrimination in the workplace?
- What are the time limits for filing a sexual harassment claim?
- What can I do if I see my co-worker being sexually harassed? Can I file a suit against it?
- What can I do if I was wrongfully terminated?
- What evidence is necessary in order to help prove national origin discrimination under Title VII?
- What is age discrimination? What are some examples of age discrimination?
- What is an “at will” work state?
- What is national origin discrimination under Title VII?
- What is overtime in California? Does an employer have to pay me overtime and how much should they pay me?
- What is the ADEA?
- What is the California law for vacation pay? My employer does not want to pay me for unused vacation pay when I quit or was terminated.
- What is the difference between sexual violence, sexual assault and sexual harassment?
- What is the Wage Theft Protection Act?
- What proof of discrimination at work do I need to include in a discrimination complaint?
- What qualifies as discrimination?
- What qualifies as sexual harassment at work?
- What should I do if I was sexually harassed?
- What workplace actions are prohibited under the Pregnancy Discrimination Act (PDA)?
- Who is covered by the Wage Theft Protection Act?