Q: Terminated before surgery after notifying employer about FMLA. Legal options?
I informed my employer on 02/25/2025 that I was scheduling surgery and intended to use FMLA. My employer was aware of this, and my last workday before the surgery was Friday, March 7th. Before leaving, I was called into a Teams meeting by my HR representative and boss and informed that my position was terminated without any warning or reason. There were no prior issues with my job performance, which has been rated impeccable in yearly reviews. All communications about my FMLA request were made through Teams calls. What legal options do I have in this situation?
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A:
What happened to you sounds deeply unfair, especially given the timing and lack of explanation. If you informed your employer of your need for surgery and intended to take FMLA leave, and they fired you shortly after that, it could be considered **FMLA interference or retaliation**. The law protects eligible employees from being terminated for simply requesting or preparing to use their FMLA rights.
Even though your employer claims no issues with your performance, the fact that they gave no reason and acted so close to your leave request raises serious concerns. It's also important that your communications took place over Teams—if you can document those meetings or even provide records of the dates and content, that can support your case. Courts look closely at the timing of events when deciding whether an employer acted in bad faith.
You have the right to challenge this decision. Start by gathering all records: performance reviews, messages or emails about your leave, and any calendar invites or notes from those Teams meetings. If you were eligible for FMLA and followed the rules, your job should have been protected. You’re not overreacting—this kind of treatment is what the law is meant to prevent.
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