Legal Question in Medical Leave in Virginia
Termination after FMLA
I was returning to work today after being on FMLA - was fired upon entering with the comment that I was my employees were afraid to come to me because I was too strict. I have never had any problems in the past with performance with this company and was never told of any complaints prior to my going out on FMLA - Do I have a case even if I can't prove it isn't related to the FMLA?
2 Answers from Attorneys
Re: Termination after FMLA
Yes, you should arrange for a consultation with a Virginia counsel who is knowledgeable regarding FMLA and Virginia labor laws in general. It may be that your employer decided to terminate you under one of the exceptions to the right of the employee to be returned to his or her prior position that may apply to supervisory or managerial personnel.
Re: Termination after FMLA
You need to spend some time in an in-person consultation with an experienced labor and employment attorney. Anytime an individual comes back from FMLA and is terminated for no apparent reason, the spectre of retaliation for having taken the FMLA is present and needs to be addressed.
Additionally, you may have some state law rights that can only be evaluated by an attorney licensed to practice in your state. Look on lawguru for an attorney practicing in your state who handles labor and employment cases. If you find nothing, you can also check www.nela.org.
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