If I was covered under FMLA after suffering a mini-stroke and my employer eliminated my position after I returned, is this legal?

UPDATED: Jan 4, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jan 4, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I was covered under FMLA after suffering a mini-stroke and my employer eliminated my position after I returned, is this legal?

I have uncovered suspicious spending by the church that I worked for. He began to pressure me daily with reports, questions about deposits and bill payments. He did everything but accuse me of mishandling the money. Each time I was able to prove his spending habits were the cause of the church’s finances not mine. The undue stress he put on me caused me extreme anxiety and panic attacks, resulting in what my physician thought was a stroke. I was off for approximately 2 weeks. When I returned, the accusation resumed. Within 3 weeks of my return, he “eliminated” me.

Asked on January 4, 2012 under Employment Labor Law, Florida


Jamaul Cannon / Cannon Legal Group, APC

Answered 11 years ago | Contributor

You may have a claims for wrongful termination in violation of public policy, retaliation and possibly Intentional Infliction of Emotion Distress.  The big thing you would have to prove is that your position was not in fact "eliminated" because you came back to work;and were terminated three weeks to retaliate against you from taking a legally protected leave. 

I have dealt with this issue on many occasions and I would encourage you to contact an experienced employment litigation attorney. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption