Legal Question in Employment Law in Wisconsin

questionable termination

I have a medicaly fragile student who has had many

surgeries over the past two years. Her mom has had to

take off from work with each surgery. Her employer

could not fire her for the lost time because of Family

and Medical Leave Laws so has terminated her

because they claim her performance has suffered.

Does she have any recourse?


Asked on 2/20/04, 4:09 pm

1 Answer from Attorneys
Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: questionable termination

Hello,

This is where cases like this get difficult, and can be only reviewed by an attorney working with the client to get all the facts. The employee will try to prove termination because of leave and related issues, and the employer will deny it, and say solely because of performance. Which is it? I have no idea -- again, this will require analysis by a lawyer as to the strenghts of either position.

Best Wishes, Mark J. Mahoney

Read more
Answered on 2/20/04, 11:26 pm


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