Can I be fired after coming back from a FMLA and the boss say things that are not true?
I recently came back from a FMLA and my third week back I was called into the office with two other employees. I carpool with one employee and three hours before the shift was over he was asked to stay 2hours over and change his hours the following day. He said no because I carpooled with him and my boss never said nothin to me about hours bein changed.
next day I was called into office for comin into work to work my normal hours and was threatened to be fired and was also told how the company had to accomidate me during my FMLA. My boss also told my friend that his job is important and that I shouldnt dictate the hours he works. I was wrongfully accused. I was also told I am next to be laid off. Can they do this kinda stuff to me?
Answers (1)
Although you are characterizing the boss's statement as wrongfully accusing you, I think it was more a matter of poor communication. What he seemed to be saying to your friend is that if he wants to keep his job he needs to comply with the company's expectations regarding work hours rather than refuse in order to accommodate you by protecting your carpooling arrangement. To the extent that your friend was assuming that you would want him to continue carpooling with you, you weren't wrongfully accused, because his decision to carpool rather than work the hours dictated by the boss appeared to be just what the boss said it was - letting you dictate the hours he works. It was unfair of the boss to assume that you knew he wanted your friend to change his hours, but I'm not sure why your friend didn't tell you. At any rate, the unfair accusation by itself is not an adverse action that gives you any kind of remedy. On the other hand, if you can prove that you were made next in line for layoff because of your use of FMLA, and if you get laid off, you would have a claim under the FMLA.
posted by Francis Fanning | May 27, 2010 11:31 AM [EST]
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