Legal Question in Medical Leave in Arkansas

Fired day the day I returned from FMLA

My wife, who was in a auto accident years before and suffered a head injury and broken neck C5 & C7, was admitted to a physical rehab program in October of 1999. When she was discharged the doctor told me she could not be left alone for the next three or 4 weeks. I took 30 days

FMLA and returned to work November 8th, at 9:00 am they told me funding for my position had ceased and did not offer me another position. Was this legal? This was a large telecom company.


Asked on 9/02/04, 12:05 am

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Fired day the day I returned from FMLA

A lot will depend on the specific facts of your situation. For example, how true is that the funding was cut for your position? Was the position left in the budget and subsequently filled? And were any statements or comments made about your FMLA leave?

However, a more important factor would be when did this all occur. If it occurred in 1999, your statute of limitations has probably run out. You will need to consult with an attorney if you want a professional opinion on this subject, but that would be an initial concern.

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Answered on 9/02/04, 9:53 am


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