Can an employee covered under FMLA be fired "at will"?

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No other reasons were given in the termination letter. I have received no reprimands and have a history of excellent evaluations.

Attorney Answers

3
Scott Behren ·
Probably not, if you are on FMLA, you job is supposed to be protected. Only exception would be if there were some type of mass layoffs and you were just one of the many laid off. For more information on FMLA rights, check out our employee rights blog www.takethisjobnshoveitblog.com. If you would like to consult further on this issue, check out my website www.behrenlaw.com.
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Robert Shapiro ·
There's got to be more to the story, and this is one reason why is no substitute for an in-person consultation with a knowledgeable employment attorney who will ask the right questions. Is it possible that you have a medical condition that could be job-related, like carpal tunnel syndrome, repetitive strain injury, etc. as this may be the "unstated" reason why they want you gone. Or, perhaps your employer is not covered by FMLA? It's worth spending $200 or $300 to get an expert opinion, and it would help if you start thinking yourself as perhaps some reason may come to you. Sincerely, Bob Shapiro
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Randy Enochs ·
There are very limited exceptions to not returning an employee who takes leave pursuant to FMLA. I agree with the earlier comment that there may be more to this termination. Consult with a local employment attorney who handles FMLA claims.
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