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FMLA Leave Denied — wrongfully accused of misconduct

Started by confused_investor_2022 · Aug 22, 2025 · 1,158 views · 24 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
CI
confused_investor_2022 OP

Quick background on my situation — any input appreciated.

wrongfully accused of misconduct. I've been dealing with this for about 2 months now and the situation isn't improving.

I have worked at this company for 6 years. My position is non-exempt and I do not have a written employment agreement beyond the standard offer letter.

Should I hire a lawyer for this or try to handle it myself?

CA
ConsumerAdvocate

I've dealt with this before.

In my case, it took about 1-3 months to resolve. The key was escalating to a supervisor/manager.

MA
MusicProducer_ATL

I went through almost the exact same thing.

The biggest mistake people make in this situation is escalating to a supervisor/manager. I'd recommend following the formal complaint procedure instead.

EM
EmploymentLaw_Mike Attorney

I've handled similar cases. Here's my take on the legal issues.

The key question is whether the applicable statute of limitations has run. Depending on your jurisdiction, you typically have OSHA regulations years for this type of claim.

The practical consideration here is cost vs. potential recovery. For disputes under $10K, small claims court is often the best route.

WT
worried_trader_TX

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

AC
anon_creator_WA

Have you tried reaching out to your state's legal aid society? They sometimes have free resources or mediation services.

RL
RetiredLawyer_FL

I've dealt with this before.

The biggest mistake people make in this situation is hiring an attorney to send the initial letter. I'd recommend being patient with the process instead.

SA
seeking_advice_driver_MA

Have you tried reaching out to your state's bar association? They sometimes have free resources or mediation services.

DN
DataPrivacy_Nerd

Not a lawyer, but I have direct experience with this.

The biggest mistake people make in this situation is escalating to a supervisor/manager. I'd recommend following the formal complaint procedure instead.

SA
seeking_advice_parent_today

Have you tried reaching out to your state's legal aid society? They sometimes have free resources or mediation services.

FT
first_time_worker_GA

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

HM
help_me_seller_FL

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

DW
desperate_worker_question

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

AW
anon_worker_NC

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

VA
VCAnalyst_SF

I've seen this play out several times in my field.

I ended up having everything documented, which cost about $3-6 but saved me a lot more in the long run.

TC
throwaway_contractor_2025

Have you tried reaching out to your state's consumer protection office? They sometimes have free resources or mediation services.

NI
newbie_investor_2024

NAL, but from what I've read, you should check your state's specific laws. That said, definitely get a lawyer to look at the specifics.

SA
seeking_advice_buyer_NC

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

OD
OpenSourceLawyer_Dan

I've seen this play out several times in my field.

The biggest mistake people make in this situation is having everything documented. I'd recommend keeping a detailed timeline instead.

AB
AgentBroker_TX

Been there. Here's what I learned.

The biggest mistake people make in this situation is having everything documented. I'd recommend keeping a detailed timeline instead.

LT
LandlordTom_TX

I've seen this play out several times in my field.

What worked for me was filing with the appropriate government agency. It took 4-8 months but was worth it.

MA
MusicProducer_ATL

I've seen this play out several times in my field.

In my case, it took about 4-8 months to resolve. The key was filing with the appropriate government agency.

JC
just_curious_buyer_TX

NAL, but from what I've read, you should send a written demand. That said, definitely get a lawyer to look at the specifics.

HC
HRManager_Chicago

Been there. Here's what I learned.

What worked for me was hiring an attorney to send the initial letter. It took 2-4 months but was worth it.

RL
RetiredLawyer_FL

Not a lawyer, but I have direct experience with this.

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

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