Employment Law QuestionsCategory: LeavesCan my company fire me because of medical leave?
Rose asked 4 years ago

I was on worker’s compensation, then a month later applied for FMLA to care for my sick and old parents.  While waiting for the FMLA to be approved, my company came up with a false reason to fire me.  I was a good employee for over 5 years… can they do this?

1 Answers
Stevens and McMillan Law Firm Staff answered 4 years ago

FMLA is a protected leave, meaning your employer cannot retaliate against you for taking it or even requesting it.  If the company made up a fake excuse to fire you while your FMLA paperwork was still pending, you probably have a wrongful termination case.  Of course, there are more factors that an attorney needs to look at such as your injury and resulting disability, what the employer claimed to be the reason for termination, etc., but we can help you if you call a labor attorney for a consultation.