FMLA Violations

I know I have a FMLA case, with proof them falisfying hours as FML in order to fulfill their FML obligation, and "for my best interest, released me of any obligation to return to work."

What is the FMLA settlement restricted to? In otherwords, could I claim financial damage, future earnings, etc.

This case invovles FML for Hep C, would other statues apply such as ADA or violation of my Civil Rights. It seems I read something at this site before that implies that.

2 answers  |  asked Jan 29, 2003 1:44 PM [EST]  |  applies to Texas

Answers (2)

Trey Henderson
ADA claim

I agree with Margie. You should seek an attorney on both issues. If you choose not to seek an attorney, you should go to the Department of Labor about the FMLA claim, and the EEOC about the ADA claim. The ADA claim will not be easy. It will be a challenge to prove that Hepatitis C is a disability or a perceived disability.

posted by Trey Henderson  |  Jan 29, 2003 5:00 PM [EST]
Margaret A. Harris
Remedies for FMLA Violation

The court could award damages for the lost wages and employee benefits, any out-of-pocket expenses you may have incurred for things like in-home health care (this part of the recovery is limited to 12 weeks of your salary), attorneys' fees and costs, and interest. The court could also order that the company re-instate you.

As for the second part of your question, you should consult with a lawyer about your exact circumstances. While I understand that you do not want to pay a consultation fee, the advice may be worth it. After all, when we need serious medical advice from a doctor, we seek someone in that particular field and pay the consultation. The same should apply to legal advice.

posted by Margaret A. Harris  |  Jan 29, 2003 2:27 PM [EST]

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