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Fired under FMLA in NC, do I have a law suit? North Carolina

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  • Fired under FMLA in NC, do I have a law suit? North Carolina

    I have been working with a small company over the past 2 years. I went on maternity leave on October 30th, 2007 and according to what my doctor signed, I was "able to commence work on 12/27/2007". While I was gone on maternity leave, my company restructured and a new person became my boss and they never told me this. My "new boss" called me one day to come in and pick up my yearly bonus check at which time they also fired me, and this was on 12/21/2007, 6 days before I was even supposed to return to work per medical advice. Is this legal for them to fire me while using maternity/FMLA?

    Also, to give a little more background on the situation, when they fired me, they gave me the option of being fired that day (the 21st) or keeping employment until the 2nd of Jan, 2008 (which I had given to them as my return date since I was going to use 1 week of FMLA time).

    Another thing is that our daughter had some complications at birth which caused her to be in ICU for the first week of life and undergo some surgery. She was on my insurance and now I'm a little worried that her surgeries and ICU care won't be covered.

    Oh, and the reason I was fired by my new boss that I was never informed by the company was my new boss was because of "job performance". In all actuality, I could literally NOT do my job because other people weren't doing theirs and I had complained a number of times about this to superiors, even the owner, and they told me "not to worry about it".

    Lastly, my husband still works for the same company, if I filed a suit, is he protected or could they just fire him simply b/c I had a pending suit against them?

  • #2
    You cannot be terminated for using leave under FMLA but, if the restructuring would have eliminated your job regardless of whether you were on leave, you can be terminated in spite of it. FMLA doesn't provide protection from adverse actions that would have happened regardless. It's unclear from your post exactly what was involved in the restructuring, but if you feel strongly that it was in retaliation for your using leave, then you should contact the Department of Labor.

    Any expenses incurred while you were insured should be covered.
    I am not able to respond to private messages. Thanks!

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    • #3
      You said you work for a small co. - apparently it has enough employees for you to have qualified for FMLA. (50 employees in a 75-mile radius)

      You can be terminated while on FMLA if they would have terminated you had you not been on FMLA. Such as if there was a restructuring at the co. while on FMLA & your job would have been eliminated had you not been on FMLA, you can be terminated while on FMLA.

      You can also be terminated for job performance while on FMLA if they would had terminated you for that reason had you not been on FMLA. However, it makes you wonder why they would have waited two months after you went out on leave to terminate you for job performance. It seems though a new supervisor decided on the firing & you do admit you had been unable to do your job due to others not doing theirs. You might want to talk to an employment attorney. (or you can put in a complaint with the fed. DOL) I think I would go the lawyer route in this case & see what they think..

      They shouldn't be able to retaliate against your husband because you filed a lawsuit/complaint against the co. They might have a problem there proving it
      wasn't retaliation should they for example terminate him.

      I would think at the time you child was born & had surgery your gr. health ins. would have been in force.

      Congrats on the new little one.
      Betty3
      Senior Member
      Last edited by Betty3; 12-25-2007, 05:33 PM. Reason: spelling
      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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      • #4
        Quit state job in NC- unemployment benefits

        I quit my state job in NC after FMLA ran out, as I delivered twins and one of them passes away. I did not feel I was emotionally ready to return to work. I filed for Unemployment and was initially denied. If I appeal what course of action should I take (if any) to receive benefits?

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        • #5
          See new thread: http://www.laborlawtalk.com/showthread.php?t=184933
          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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