I need some advice. I was recently terminated while I was on FMLA leave and also approved for short-term disability. I have all the documentation, including doctor’s notes and medical records supporting my leave.
Is a company legally allowed to fire someone in this situation? Has anyone experienced something similar or know what my rights are?
Any guidance would really help. Thank you.
Yeah and what makes this sad is that these dozen people actually needed their jobs and didn’t take off a bunch of time just because they didn’t feel like working.
You think that's bad OP, the company probably downsized a dozen non-LOA people the same day unnecessarily, just as cover for terming you.
While I was out on FMLA I got an IM review that I never saw. I’ve never had an IM. Then I got laid off while on FMLA and the fool manager told me I was ranked lowest because I wasn’t at work to prove myself or make an impression… Consulted a lawyer but didn’t have a case.
All these people who think taking leave makes them immune to termination. Then the hogs come back to the trough, hoping a lawyer can help them extract even more money out of the company.
You need to talk to a lawyer that specializes in this stuff.
@m1 True. My understanding is that people got terminated has at least one IM for performance rating?
@OP prior to leave did you have performance issues? Were you the only one on your team terminated? A few more details are needed to give you an accurate answer.
@cz google FMLA protection and read why someone on FMLA is asking these questions.
OP - yes, you can be either laid off (severance) or terminated (no severance) while on FMLA:
Yes, you can be fired while on FMLA, but not for taking the leave. While FMLA provides job protection, it does not shield you from termination due to legitimate, documented reasons unrelated to your leave, such as mass layoffs, performance issues documented prior to leave, or job elimination.
Why is it that FMLA people always think they should be immune from anything negative happening to them at work? They honestly think they’re better than regular employees
Yes, you can be laid off while on FMLA or any other leave, but not because of it. Employers can terminate or lay off employees on FMLA if they can prove the action would have occurred regardless of the leave (e.g., a legitimate reduction in force, closure, or poor performance).
fmla is job protected
std is not.
double check with lawyer.
i believe you have a case
@ak terrible but sadly not illegal. have seen this happen to many people during leave, unfortunately.
@ag if the position is eliminated, op should have severance package. Firing people without any reason is terrible. Most people get fired due to bad performance rating.
Is this a termination without package? Not layoff? I think you should talk to a lawyer
Yes, if the position is eliminated, your leave status doesn't matter.
An employer can legally terminate an employee on FMLA leave, but only if they can prove the decision was unrelated to the leave, such as:
Legitimate Performance Issues: Documented, poor performance or misconduct that existed before the leave began.
Layoffs: A company-wide reduction in force where your position would have been eliminated regardless of your leave status.
Running Out of Time: Your FMLA 12-week entitlement has expired.
You need to sue Wells Fargo. File an ADA disability claim with the EEOC first. There’s precedent for this situation.