Termination After Serious Health Condition Possible FMLA Violation Albert Cohn
Q.
Hi,
I am 55yrs old with six years of employment seniority. I've been hospitalized three times in one year with complications due to heart problems. I was terminated three days out of the hospital. I was also instructed by my cardio doctor not to do any work for two weeks; I faxed that document to the employer and still no response. Can this be a legal termination?
-- Anonymous
A.
It may be an illegal termination depending on the facts of your case.
The federal Family Medical Leave Act provides 12 months of job protection for people who need time off because of a serious health condition. There are certain factors that determine whether the Act applies (such as employer size, employee's hours worked, the health condition involved and the treatment). Therefore, you should see an employment attorney to determine whether the Act was violated in your case. You can also contact the EEOC (or your state's EEOC analogue).
Albert L. Cohn
Cohn Lifland Pearlman Herrmann & Knopf LLP
Park 80 Plaza West-One
Saddle Brook, NJ 07663
(201)845-9600
http://www.njlawfirm.com
