Legal Question in Medical Leave in Illinois

Family Medical Leave Act discrimination

I am employed at a large telecommunications company that I believe is violating the rights of employees using FMLA. The director advised everyone that used this benefit that if she could not get you for FMLA use, she would find any means necessary to get rid of you. Her word were dot your i's & cross your t's because even though you are covered by this benefit, if you slip up on anything i'm going to get you. There have now been several firings for various reason & majority are FMLA users. Is this legally ok for her to do?


Asked on 6/22/05, 7:43 pm

2 Answers from Attorneys

Jeffrey Friedman Law Office of Jeffrey Friedman

Re: Family Medical Leave Act discrimination

You may have a valid claim under the FMLA, if the company is taking adverse action against you for exercising your rights. Please feel free to contact my office for a free consultation if you would like to discuss this matter.

Jeff Friedman

312-357-1431

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Answered on 6/23/05, 6:29 am
Pamela Belyn Much Shelist

Re: Family Medical Leave Act discrimination

The short answer is no. You have specific rights under FMLA that the company has no authority to impair directly or indirectly. However, if the firing is coupled with a valid reason for termination it may be more difficult to pursue claims of wrongful termination, FMLA violation, etc. If you would like to more fully explore your rights and options, please do not hesitate to contact me at 312-280-0111 for a free 1/2 hour consultation.

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Answered on 6/23/05, 10:39 am


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