Legal Question in Employment Law in Kansas

Fired After Obtaining FMLA (intermittant)

I was terminated from my job after obtaining an intermittant leave of absence on myself. The reason I was terminated was because of my attendance but when I looked at my forms I had FMLA for two of incidents making it be lower then the max amount of incidents needed to be terminated. I don't know what to think of this or even if I have made any sense but if someone could help that would be great.


Asked on 3/24/09, 12:23 am

2 Answers from Attorneys

Jim Wisler James L. Wisler Law Offices

Re: Fired After Obtaining FMLA (intermittant)

Since your FMLA had been approved, you should not have been terminated. Given these facts you probably have a good claim for wrongful termination in violation of the FMLA. I suggest you consult with a good employment law attorney who represents primarily employees. Call us if you wish for a free consultation.

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Answered on 3/24/09, 9:50 am
Michael Shultz Law Firm of Michael M. Shultz, P.A.

Re: Fired After Obtaining FMLA (intermittant)

If the facts are correct, there is a very good chance that you were fired in violation of the FMLA law. FMLA absences are not supposed to count against you and if the employer included them, then there is a problem and you should seek legal advice on this issue.

The address shown for me is out of date. The email address is still good. My main office is now in Lawrence with another office in Overland Park. I can help you or look for any competent employment law attorney.

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Answered on 3/24/09, 7:27 am


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