Legal Question in Medical Leave in California
Fired while on FMLA for unsubstantiated reasons
While on FMLA I received a termination notice for ''giving specific information or instructions to an employee on behalf of the company''. As the HR Manager I conversed with the entire staff and in so doing I would help to find a solution to an employee's problem. Can I be fired if the employee decides to act on their own accord and then come back and say; Well, the HR Manager said...! Can I be slandered and my professional credibility be impeached without any substantial evidence.
1 Answer from Attorneys
Re: Fired while on FMLA for unsubstantiated reasons
What you have to consider is whether this reason for termination is merely a pretext. Are there any other bits of evidence that tell you that the company was just looking for any means to terminate your employment because you exercised your right to take FMLA? Sounds like retaliation to me, but you need more facts which only you can determine.
Think about it!
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