Can i be fired while out on fmla?

by Richard
(Chesapeake Va)

I live in virginia. I called in sick(fmla)again on Nov 12 2008. My manager told me that she got my message. She stated to me that my supervisor and regional manager was coming to talk to me. My response to her I was out on fmla.

About a hour later, I got a call from the manager, that I needed to come to the office. I stated to her that I was out sick on fmla. Then she stated in a firm voice that I was to come to the office. I asked her what was needed of me over the phone. My manager stated again, that I was to come to the office. So in fear of losing my job I went to the office.

Upon arriving to the office my supervisor and regional manager were the only two in the office.(which to me seemed odd. My regional manager told me that my sevices were no longer needed.

I ask her why? She stated that she did not have to give me a reason, that i was trespassing that i needed to vacate my apartment in three days. Again, (now my voice had got very firm) what reason that you no longer need my services.

Then my supervisor told her to call the police. I stayed for the police to come because i thought that i was in no wrong doing. Trespassing when i live on the property where i worked. long story short the two of them filed (not the police)assault charges and trespassing.
Based on the charges filed after the fact that i was relieved of my employment. Umemployment denied. P.S. worked for the company for over 1 year and 4 months
thanks for your coment on what i believe to be wrongful termination Richard


Richard,

Don't even try to tell me you don't know why you were fired.

If you'd like to give me the whole story .. fine, but to answer your question .. can an employer fire you while you are off on a day you are claiming intermittent FMLA .. yes, if they are firing you for "misdonduct" and not because you are out on FMLA.