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discharged from work while on FMLA Arizona

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  • discharged from work while on FMLA Arizona

    hey there and thanks for your time to look into this for me. i was blessed to have a child on 10/20/2009 a lovely little baby girl. i was on a FMLA claim from 10/20 to 10/30 for dependent care and baby bonding time. i was at my company for a little over 2 years and felt i was a great asset to the company. i was fired from my job on 10/22 during the time i was off. i thought FMLA was for job security so you couldn't get fired while on leave? also the reason i was let go is not something i was even aware of. i see a previous post where a woman was fired for the same reason but so were 25 others aparently. i was the only one let go and had no prior warning or any clue of what the company made up to get rid of me. i feel i might have a case based on the fact that i did not recieve any warnings for this, i was not on any corrective action plan, and i was clearly on an FMLA claim for the birth of my child. i dont think its very fair for them to get rid of me during such a crucial financial time. i applied for unemployment and looking for other jobs currently. can someone help? i feel i was done wrong and think i deserve some sort of compensation either from the FMLA insurance company and or my employer. what should i do if anything?
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  • #2
    FMLA protects you from being fired for taking FMLA. It does not protect you from actions that would have been taken regardless of whether you were on FMLA or not.

    What is the reason you were fired? You didn't tell us that.
    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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    • #3
      the reason was due to call avoidance. supposedly i was sitting on hold for too long to a phone number that was given to us from the company to get help on loan modifications. i do remember calling the number for help but i have never sat on hold to any number for more than 3 minutes. the phone system was also set up through a computer program that always had inconsistent issues with dropping calls and not logging you time on the phone or calls correctly. i had no explanation for them why this was happening because it was out of my control and i had no idea at all this was happening.

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      • #4
        Your recourse is to file a complaint with the U.S. Department of Labor, which oversees the enforcement of FMLA. It's up to the company to demonstrate that you were fired in spite of being on FMLA, not because of it. I have seen cases of people being fired while on FMLA hold up because sometimes problems don't become apparent until someone is out of the office for a while.
        I am not able to respond to private messages. Thanks!

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        • #5
          Originally posted by jakeskate View Post
          hey there and thanks for your time to look into this for me. i was blessed to have a child on 10/20/2009 a lovely little baby girl. i was on a FMLA claim from 10/20 to 10/30 for dependent care and baby bonding time.
          It sounds like you are saying you had a child on 10-20 & scheduled leave only from 10-20 to 10-30. Is this correct or was the child born before 10-20 but you asked for bonding leave from 10-20 to 10-30? (though you were terminated 10-22) Were you on FMLA leave previously for the birth of the child & your recovery from childbirth? How much total time did you take for FMLA?

          Thanks.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            Betty, I think we were all proceeding on the assumption that Jake is a man and took two weeks to care for his wife and child as she recovered from childbirth, etc.
            I am not able to respond to private messages. Thanks!

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            • #7
              Yep - that sounds right.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment

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