Bay Village, OH asked in Employment Discrimination and Employment Law for Ohio

Q: I was accused for criticism at work environment.My district manager met with me to discuss what was addressed to her

DM met with me on August 23.

My FMLA and disability leave on September 19th

I have not heard from The DM since

Can she terminate me while I’m on disability leave and FMLA

1 Lawyer Answer

A: Most employees are "at will" meaning they can be terminated without cause or notice. However, if you are on FMLA leave, a presumption could arise that you were terminated in retaliation for taking that leave, which would be illegal. The employer can terminate you while on FMLA leave if the termination has nothing to do with the leave, such as your violation of company's policies or selection for general lay off. (if you are the only one laid off this is suspicious). You are not very clear about this "criticism." Was is criticism by you or about you? Not all criticism is protected. Contact a local attorney to discuss all of this.

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