Legal Question in Employment Law in Georgia
Terminated
Do I have any rights? I was terminated after 9 yrs. of service for taking to long of a break. This happened the 2nd day after I returned back to work from FMLA. I was in the restroom sick. When they sent someone to get me. It was no fault of mine because I was able to draw unemployment. One yr later, the same company hired me back doing the same job at a higher rate of pay. Do I have a case agaist them? I went to the plant mgr 2 mth before this happened letting him know that I was being harrassed by my dept mgr & nothing was done. If I have a case, can you refer me to legal councel?
1 Answer from Attorneys
Re: Terminated
At the time you were discharged a year ago, you may well have had a case of FMLA leave retaliation. You have two years to make a complaint about that with the US Dept. of Labor, Wage Hour Division (3 if it was willful, as it appears to have been). So, you probably have grounds to file an FMLA retaliation complaint.
The problem is, you have been rehired at higher pay. You have to ask yourself if it is worth it to resurrect this controversy. Even though, theoretically, they cannot retaliate against your current position for having filed it, it will likely poison the atmosphere where you work, and they will try to over time document poor performance, etc. to get rid of you. So you could ultimately "lose for winning".
Think it over, and if you would like assistance pursuing the claim, feel free to e-mail me at [email protected].
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