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Dismissal while on leave may violate FMLA in Texas

Medical conditions can cause individuals to face many challenges in their lives. Often, these conditions can result in individuals needing time during which they can rest and receive any necessary treatment for their health issues. As a result, workers may need to take leave from their jobs in order to manage their health. Though the Family Medical Leave Act, or FMLA, protects workers with such needs, some employees could still face problems.

Texas residents may be interested in one man's case taking place in another state. Reports indicate that the man had worked for Home Depot for over 10 years when he was dismissed from his position. The man apparently had an undisclosed medical condition, and he had confirmed with his employers that he could take time off through the FMLA. 

However, while on leave, the man was fired from his job due to not showing up for work. The report states that his employers had not yet cleared him to return to work at the time of his dismissal. As a result, he has filed a lawsuit against the company for wrongful termination and violating his rights under the leave act. 

Handling FMLA violations can take time and effort. However, individuals should not feel as if they have to accept the trampling of their rights. Therefore, Texas residents who may have been wrongfully dismissed while taking covered leave may wish to determine whether pursuing a lawsuit could be in their best interests. Conferring with experienced attorneys could allow concerned parties to learn how to deal with such wrongdoing.

Source:, "Home Depot employee alleges he was wrongfully terminated for taking FMLA leave", Wadi Reformado, March 14, 2017

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