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Severance Denied for Raising FMLA By Employer NOT Covered by FMLA

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  • Severance Denied for Raising FMLA By Employer NOT Covered by FMLA

    I would appreciate any thoughts on the following situation in CA:
    1. Employee terminated the day after coming back from paternity leave.
    2. Employee offered 4 months severance.
    3. Employee raises issue of FMLA and gets attorney who calls company.
    4. Company outside attorney responds (possibly correctly) that it is too small to fall under FMLA guidelines.
    5. Company withdraws severance offer due to employee bringing up issue of FMLA (in part, because it cost the company money to get a lawyer to examine issue). Other similarly situationed employees offered severance.

    Do any FMLA or other laws regarding retaliation apply to company that is too small to fall under FMLA leave?

    Additional note: Terminated employee's wife had severe medical problems during pregnancy (including being bedridden for 2 months) which prevented him from travelling. Baby was also born with medical problems that would have caused employee to take leave - so seems that company didn't want to risk having an employee who could not travel.

    Thanks!
    Last edited by treckerj; 03-15-2009, 05:56 PM.

  • #2
    There is no law that requires an employer to pay severence
    http://www.parentnook.com/forum/

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    • #3
      See http://www.laborlawtalk.com/showthread.php?t=210936

      (It has more posts/answers - duplicate thread)
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