fired while on medical leave — absolutely ridiculous

I'm in a difficult situation and trying to figure out my next steps.

fired while on medical leave. I've been dealing with this for about 7 weeks now and the situation isn't improving.

I have worked at this company for 5 years. My position is exempt and I do not have a written employment agreement beyond the standard offer letter.

Am I overthinking this or is this a real legal issue worth pursuing?

Following this thread — bump -- also need to know this

I went through almost the exact same thing.

In my case, it took about 2-4 months to resolve. The key was hiring an attorney to send the initial letter.

NAL, but from what I've read, you should document everything. Take the above with a huge disclaimer that I'm just some person on the internet.

Currently on FMLA leave for surgery recovery. Three weeks in, my manager called to say my position is being "restructured" and I'll be terminated when my leave ends. They offered a severance package contingent on signing a full release.

Is this legal? I thought FMLA protected my job for 12 weeks.

FMLA requires your employer to restore you to the same or equivalent position when you return. However, there IS an exception: if your position would have been eliminated regardless of your leave (genuine restructuring/RIF), the employer may not be required to hold it.

The timing here is suspicious. Being "restructured" three weeks into FMLA leave raises a strong inference of retaliation. Key questions:

• Is anyone else being laid off, or just you?
• Is someone else doing your job while you're out?
• Did the "restructuring" decision predate your leave?
• Has the employer documented the business reason?

DO NOT sign the severance/release yet. You have 21 days (45 if over 40). Consult an employment attorney immediately — FMLA retaliation cases with this fact pattern often settle for significant amounts. The employer knows the timing looks bad.

I handle FMLA cases regularly and want to clarify some important points about termination during medical leave. The Family and Medical Leave Act (29 USC Section 2601 et seq.) provides eligible employees up to 12 weeks of unpaid, job-protected leave per year for serious health conditions. Firing someone while they are on approved FMLA leave creates a strong presumption of retaliation.

However, the FMLA does not make employees immune from termination. An employer can lawfully terminate an employee on FMLA leave if they can show the termination would have occurred regardless of the leave. For example, if a company-wide layoff was already planned and documented before the leave began, that is a legitimate defense. The key question in every case is whether the leave was a motivating factor in the termination decision.

Damages in FMLA cases can include back pay, front pay, liquidated damages (double damages for willful violations), and attorney fees. I recommend filing an EEOC charge as well if there are any disability discrimination aspects, as this preserves your right to pursue both federal claims simultaneously. The statute of limitations for FMLA claims is two years (three years for willful violations), so do not delay in consulting with an employment attorney.