Mcdonough, GA asked in Employment Discrimination and Employment Law for Georgia

Q: Georgia wrongful termination FMLA and unemployment

My daughter was (I believe) wrongly terminated by her employer on 4/6/20. She was on FMLA the previous week &non-verbal for mental health reasons & her employer was duly informed of her FMLA week leave. They sent her an email after that requiring her to call in everyday which she couldn't and/or did not do. Her Boss called me on 4/3 as I was her emergency contact and I told her all I knew was that she was non-verbal & I hadn't been able to communicate with her. She went back to work on 4/6, attended a morning meeting and then she was called in and told that she was terminated & she could choose between resigning or being fired. She chose to be fired. The termination letter states that she did not comply with company policy (verbal explanation: she didn't call in every day the previous week.)

Previous to the FMLA week, because of Covid-19 she was instructed to work from home with a pay cut of 20% & 4-day weeks. Now she cannot collect unemployment because she was fired. Please help.

1 Lawyer Answer
Mitchell Feldman
Mitchell Feldman
  • Employment Law Lawyer
  • Tampa, FL
  • Licensed in Georgia

A: If she was approved for FMLA as indicated, she would have a good claim for FMLA interference with rights, and potentially a retaliation claim. Based upon these facts, it is a claim worth obtaining legal representation. You can contact me or anyone else who handles employment claims, and some will offer on contingency fee arrangements. This can be filed in federal court.

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