What to do ifmy husband has cancer and Ifiled my third FMLA application but was let go the next day?

UPDATED: Nov 12, 2011

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What to do ifmy husband has cancer and Ifiled my third FMLA application but was let go the next day?

I filed first FMLA when husband had surgery, second when I had surgery, third for his radiation that starts next week. They said it was because I made an error but I believe it was because of this and that I stood up for myself when called on the carpet for mistake. I also indicated I would have jury duty next month. Should I seek legal action?

Asked on November 12, 2011 under Employment Labor Law, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The law specifically prohibits retaliating against an employee for using FMLA leave. While an employee who is using or seeking to use such leave could be terminated for unrelated reasons--violations of policy, insubordination, as part of a retructuring or lay-off, etc.--the question then becomes whether termination was truly due to the other reason...or whether that reason is just a pretext or excuse, and the firing was really because of FMLA, which is illegal. From what you write, it would be well worth your while to consult with an employment lawyer, who could evaluate your situation and potential claim in depth. Good luck.

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