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Fired for asking for FMLA Utah

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  • #16
    I know this is a stupid question... but wouldn't a better solution be to work through lunch and take your lunch break at the end of the day?

    You have taken your mandatory break, are caring for your son, and your manager keeps his "letter of the law" record intact.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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    • #17
      Except that if the employer doesn't want her to take her lunch break at the end of the day, he doesn't have to permit it.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #18
        True, of course...

        But I have always found that presenting a problem and a solution to management works better than just a problem.

        So I thought I would offer an equitable one.
        Not everything that makes you mad, sad or uncomfortable is legally actionable.

        I am not now nor ever was an attorney.

        Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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        • #19
          I agree, that the poster stated that she was fired for requesting FMLA leave, and this was not covered under FMLA leave, so the statement is not true. She was fired because, the other managers worked with her, even though they, by law, were not required to, and she got mad because this boss did not follow suit. He was probably more up on the requirements of FMLA. Since your husband was there, and you being there would make things easier, but not put the child home alone, with his/her medical problems, it does not fall under FMLA, as stated above. Sorry OP, you don't have any legal recourse here. Your boss was not obligated to show you why you did not qualify for FMLA, but it would have helped a great deal, if he/she did, so you would understand why he did not work with you. Good luck to you with your next job!!

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