Legal Question in Medical Leave in Indiana

Was fired after getting intermittent FMLA, said that I couldn't do my job

I was threatened at work by my boss on a very personal and professional level. This caused me great distress and my ulcer got alot worse and I developed severe anxiety problems. I used my vacation and personal time, was told by the company that I needed a doctor's note to cover me, got that, then was told that I needed a psychiatric evaluation because it was a mental health issue before I came back, I got that also, then was told that I could not come back until I filled out for FMLA. I did this also and my doctor had no problem doing it because it was work related anxiety,I was given intermittent FMLA for weekly treatment. I submitted it, then was told that there was ''question whether you can do your job or not due to this'' and was terminated the same day I turned in my paperwork. I notified them that I was seeking this action at their suggestion about 4 days prior to this. Was also written up several times for ''refusal to come to work'' when I was told not to until I had proper paperwork. They said that since I was terminated, my FMLA was void and they did not have to accept it. It covered every day I was off. What can I do and was I treated unfairly? Thanks.


Asked on 4/19/06, 1:27 am

1 Answer from Attorneys

Andrew Dutkanych Biesecker & Dutkanych

Re: Was fired after getting intermittent FMLA, said that I couldn't do my job

From your description, your employer may have violated the FMLA and other employment laws. However, I would need more information about the number of employees it has, the nature of the work you do, and your employment history with the employer to ensure that you were eligible for protection. You should contact an attorney for a consultation with respect to your legal rights. You can contact me by email at [email protected] or at the numbers listed below.

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Answered on 4/19/06, 9:26 am


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