Legal Question in Medical Leave in Indiana
Terminated after returning from fmla
Do I have a case agianst my employer for terminating me after I returned from FMLA? I have received unemployment because they felt that I was fired for unjust cause. The employer appealed the decision and I just recently went in front of an adminstrative law judge and received the decision from him and I also won agian, therefore I have been terminated for unjust cause. Do I have the right to sue my employer for this?
1 Answer from Attorneys
Re: Terminated after returning from fmla
You have the right to bring an FMLA claim anytime within 2 years of the date you learned you would be fired - although the sooner the better. It is good that you won your unemployment claim, although that does not necessarily mean you will win an FMLA claim. The elements and standards of proof are different. Feel free to contact me at (317)955-9500 to discuss the particulars of your case.