Legal Question in Employment Law in Georgia

FMLA Termination

I was out of work & on FMLA due to an injury. While still under FMLA I got a letter from my company that stated I was terminated. I had only been out on FMLA for 6 weeks. Is this legal?


Asked on 9/14/06, 10:36 am

1 Answer from Attorneys
Jeff Kent Kent & Merritt, P.A.

Re: FMLA Termination

It depends on a lot of factors. Just because an employee is out on FMLA does not mean that a company cannot terminate the employee's employment. It means only that they cannot terminate employment BECAUSE of the FMLA use.

Are you covered by FMLA? Does the company have at least 50 employees within a 75 mile radius of where you work? Have you been employed there at least 12 months, working at least 1250 hours in the last 12 months?

Discuss these issues and the company's reasons for the termination with an attorney.

The foregoing is general information only, not specific legal advice. No attorney/client relationship has been created or should be implied.

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Answered on 9/14/06, 10:50 am


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