Legal Question in Disability Law in Florida

I was on approved intermitted FMLA due to my mother's health (she passed away a couple of weeks ago). I worked for the company for 4.5 yrs and was laid off on 12/7/11, my FMLA re-eval was not until this Jun. I was amongst the highest in seniority within the company, yet I was told that my tenure was based on the amount of time spent in a newly promoted position and not the years that I overall served for this company. My FMLA status was not relevant because my position was eliminated but several others in the same position remained and my tenure superseded them all. Is this just? Am I wrong in believing that they took an opportunity to let me go because of my FMLA status?


Asked on 5/17/11, 8:32 pm

1 Answer from Attorneys

Scott Behren Behren Law Firm

It is possible that the employer improperly terminated you based upon your FMLA taken. it is also possible that the termination was age based. For more information on these issues and other check out our employee rights blog www.takethisjobnshoveitblog.com or our website www.behrenlaw.com.

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Answered on 5/18/11, 9:56 am


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