Originally Posted by doekiller
Originally Posted by hallb
Originally Posted by Clem
Quote
6 weeks is ridiculous 12 weeks I'd find a reason to let them go when they got back. I understand you need time to spend with kids but you've also got a responsibility to the people you work for


Anyone with balls would sue you to Kingdom Come and likely win easily if you retaliated in this way. And should.



I obviously have no clue b/c I'm no lawyer, but I thought at-will employment meant you could be fired for any reason. So, if a few months after getting back from your FMLA leave, you got fired, how in the heck is that going to be proven to be tied to your FMLA time off?

To me, taking 12 weeks off for any reason, just shows your employer how they are able to get along without you just fine at work...


There are exceptions and retailiation for excersising your rights as an employee, things like filing a work comp claim, or taking your federally protected FMLA leave is another.


What about smaller companies? I forget the cap #, but as I recall, with less than a certain number of employees, you can basically do whatever the hell you want. Obviously, it could affect your rate for unemployment ins. But there was no good means of retaliation.