Legal Question in Employment Law in California
Fmla
Can an emplorer terminate you under the FMLA if they say you are a ''key'' employee? My wife has had some medical problems in the last month and i have needed to leave work to take care of her and my 2 year old. We are also pregnant and are haveing problems there. My manager was told by his boss to have backup personell for my posistion. He does not. I feel like he wants me` to put my job first if I am terminated is there any legal recourse? Thank you
1 Answer from Attorneys
Re: Fmla
The law defines a "key" employee as a salaried employee who is among the highest paid 10 percent of the employees who are employed within 75 miles of the worksite at which the employee is employed. Additionally, the employer cannot deny key employees leave, but it can refuse to reinstate a key employee, if it is necessary to prevent substantial and grievous economic injury to the operations of the employer.
Do you think you fit into this definition? If not, they can't just call you a "key" employee, you must actually be one, whose absence will cause this kind of harm to the company.
If you think your rights are being violated, you should consult with an experienced employment law attorney to determine what your best options are.
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