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I think you can make a case that your boss fired you for a protected class. I don't think she can fire you for that. I would contact a lawyer that focuses on these types of cases. She is trying to work you over and you do NOT deserve that!
I think you can make a case that your boss fired you for a protected class. I don't think she can fire you for that. I would contact a lawyer that focuses on these types of cases. She is trying to work you over and you do NOT deserve that!
it sounds like that as a small employer, they are not obligated to hold the job during FMLA leave and if the position is no longer available; employee is out of luck. im not exactly sure how that works for purposes of unemployment benefits.
I knew my job couldn't be held for me once I took my leave. We had no contact at all after I took the second leave. He hired a practice manager instead of an office manager, which was my position during my bonding leave. I sent him a text stating I knew my position wasn't available and he never responded. Went into the office stating the same. He never spoke a word to me. This was 2 days later. Not to mention he fired my spouse during all of this.. Thanks for the responses. I just hope this guy backs off soon.
It wouldn't hurt to talk to a lawyer just to get an idea as long as there isn't a cost associate with it. If he thinks there is a case, see if they would take settlement vs payment - that way its just time. AND maybe that will get your exboss to back off at the VERY least. Sorry you are going through that - having had a baby 2 years ago, my struggle at work involved getting pumping time - which isn't as bad as getting FIRED. That sucks so much.
It wouldn't hurt to talk to a lawyer just to get an idea as long as there isn't a cost associate with it. If he thinks there is a case, see if they would take settlement vs payment - that way its just time. AND maybe that will get your exboss to back off at the VERY least. Sorry you are going through that - having had a baby 2 years ago, my struggle at work involved getting pumping time - which isn't as bad as getting FIRED. That sucks so much.
I'm going through something similar - I had ankle surgery in November and due to complications I had to undergo a second surgery at the end of December and it kept me out of work much longer than anticipated. My employer stated they did not want me to return until I was 100% back to normal and could resume full duties and full schedule (about a 50 hr workweek) which would be impossible with going to physical therapy (luckily I have e-mails from 2 different people stating this). They terminated me and offered me a small severance but I knew they were breaking the law. I never trusted the owners to begin with. I went to an employment attorney and I am in the process of getting a settlement. They broke many state and federal laws so they are more than willing to settle. The attorney I am using is Carolyne Kalson in Brick, NJ and she specializes in employment law. She has been terrific. Since I got a referral through the Ocean County bar association I only had to pay $50 for an initial consultation and she is doing the rest on contingency since I can not afford the hourly rate being on disability for so long. For $50 it's worth it to sit down with a professional and see what they think. Remember to go through your local bar association for a recommendation to receive a discounted initial visit. They all do it. Good luck!
File suit and provide all of the documentation and evidence that you need. You don't need to lie and include assertions of sexual harrassment. There's no need to be more slimy and dishonest than him to win if you are in the right.
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personel law lawyer
