Legal Question in Medical Leave in Virginia

Fmla

I want to file a lawsuit aginst my former employer that I believe violated FMLA. They let another employee take over my job while I was on leave, and they laid me off after I returned to work. I have witnesses, however they all are still employed at the firm, and I do not want to put them in difficult position while they support my claim. Is it possible to keep their names confidential so that their job would not be in danger? How does it work? Thanks for your help!


Asked on 4/07/09, 11:44 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Fmla

It is not improper nor a violation of the FMLA for an employer to allow another employee to take over the position of the employee who is out on FMLA leave. And the same could also apply to an employee being laid off by the employer after he or she has returned to work.

Without getting into the issue of keeping the names of possible witnesses confidential in any possible lawsuit that you might file against your former employer, I would say that on these facts you have yet to establish that you even have viable grounds for such a suit.

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Answered on 4/09/09, 9:22 pm


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