Legal Question in Medical Leave in Indiana
unlawful termination discrimination
I believe that I was wrongfully terminated from my job by my employer, Preferred Community Services, on 05/31/04. I believe my termination was a direct act of discrimination because of FMLA reasons. I have been employed by Preferred Community Services from 10/01/02- 05/31/04. Briefly, I returned to work from initial FMLA leave, 01/19/04-02/26/04, with a medical diagnosis of renal and heart failure. Upon my return, my FMLA leave was granted with the understanding there would be future episodes of incapacity. I became ill once again 05/19/04, my physician would not release me for work until May 25th, 2004.
I immediately contacted my employer, with a request for leave. This is when the discrimination began. Shannon, the call center manager informed me that ''She went to work when her physician advised her not to do so.'' I felt pressured into returning to work early, before I felt physically able, fearing that my job was in jeapordy.I returned to work May 23, three days early, my employer accepted my physicians statement and allowed me to work. Returning early only prolonged my illness, I returned to my physician once again on May 28th. I was advised to remain home until May 31.I immediately phoned my employer and was once again
1 Answer from Attorneys
Re: unlawful termination discrimination
Unfortunately, your message cut off before it was completed. It seems that you may have a claim for FMLA violations, depending on what was done to you. Also crucial to the analysis is the level and amount of information you provided to your employer for requesting leave and how many employees are employed by this company at your worksite.
Generally, the FMLA provides up to 12 weeks of unpaid leave during a 12 month period, provided that you are FMLA eligible. This leave can be taken either all at once, sporadically on a recurring leave schedule. If you have proper medical certification of the need for leave, your employer cannot deny you the leave or take adverse employment action against you because of the leave.
If you have suffered some adverse employment action, or believe you are about to suffer one, then you should probably contact an attorney who handles FMLA cases to counsel you and perhaps represent you. If you would like to contact us, I can be reached at [email protected].
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