fmla

[JEFFREYKNAPP]

That's funny, I was just recently terminated from my position with a large trucking company in the wny area. I applied and was approved for fmla on 3/22/12. The same day i was written up for something and wasn't even on the clock. I was written up a week later for something that also supposedly happen on 3/22/12 and the following day 3/23/12. Both write ups I was accused of saying something that I never said. Both those write ups had a decision of termination. I contacted the us department of labor and they said because at a local level with this trucking company there was only 2 actual paid employees that I wasn't even eligible for FMLA. Corporate gave it to me out of the goodness of their heart because my son had open heart surgery and at a local level the terminal manager exploited that loophole and fired me. Because there is 50 or more employees at other terminals this company decides to let everyone have it across the board......WRONGFULL TERMINATION SUITE?????? I DONT KNOW

 

[cbg]

Eligibility for FMLA is set by Federal law. If there are only 2 employees within a 75 mile radius then FMLA does not apply.

 

[esteele]

If there are 50 or more company employees work within a 75 mile radius of your job site and if the other criteria are met, then you may have the basis to assert a wrongful discharge claim under FMLA.

If, however, the employer extended FMLA-like benefits to you out of the goodness of its corporate heart and if you are not otherwise qualified for FMLA, then you would not have any basis to advance such a claim.