Legal Question in Medical Leave in South Dakota

FMLA discrimnation

My question is more detailed than space allows, but here goes. My wife is on SSN disibility. I have filed an FMLA claim which is in process. My employer has put me on disiplinary action due to absences, included those coverd by prior approved FMLA. I have been intimidated by management each time I take an intermittenant leave. I was told last week if I took my wife to the doctor prior to getting FMLA approval (which was the basis for that appointment) that I could be fired. Many more details to be told, but that's the jist of it. Thanks for your help!


Asked on 5/13/07, 3:09 pm

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

Re: FMLA discrimnation

It sounds like you need to get an attorney involved to help you out with this situation. If you are out on approved FMLA leave, then your job is protected and your employer needs to stop harassing you.

There is no guarantee that a lawyer can stop the harassment, but it is a more powerful position than just you alone. Also, a lawyer may be able to help you with setting up your situation so that if you are fired, you have the best possible chance of making a successful legal challenge.

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Answered on 5/13/07, 4:04 pm


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