Legal Question in Medical Leave in Missouri

Terminated on FMLA

I worked 9 years in KC MO w/out a poor review. After an unexpected 4 day leave for illness, which I had compensated sick time and Dr. excuse. I was told I would be put on a 30-day performance improvement plan or could resign. I took the plan to keep benefits for family. My dr. put me on intermitent FMLA due to stress/depression. During the next 3-4 mo. of I was led to believe by supervisor at daily/then weekly mtgs. that I was doing well under plan and meeting all expectations. I was required to turn in daily documents that showed work completed, etc. Then after 90days I was off work for 5 days due to medical condition and was terminated upon return for ''poor performance. can I file a grievance against my employer. It is an at-will state.


Asked on 9/05/07, 8:20 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Terminated on FMLA

Depending on some more facts, you may have a good claim for a violation of your FMLA rights. It is odd that an individual would go 9 years with no performance issues, take FMLA leave and suddenly become a bad employee.

If your rights under the FMLA have been violated, then you need to address that. Typically, internal grievance procedures are a poor choice for vindicating these types of rights. Instead of pursuing that remedy, you should consult with an attorney to go over your situation. An experienced labor and employment attorney will be able to help guide you through this process.

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Answered on 9/06/07, 10:19 am


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