What happened?
Estepp is now suing her former employer, Huntington Bank, alleging she was wrongfully denied her FMLA benefits through the termination of her employment.
In a statement to Local 4, Huntington Bank said that while it doesn’t comment on active litigation, “[It’s] committed to compliance with all employment laws, including the Family and Medical Leave Act, and [it] acted appropriately in this matter.”
The bank further stated that “Ms. Estepp’s departure from Huntington Bank was unrelated to an FMLA leave of absence.”
Estepp, for her part, claims she was never given a reason for being fired.
“I want people to know that what they did was wrong, so they don’t do this to someone else,” she told Local 4.
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Explore better ratesWas her firing legal?
Michigan is an “at-will” state, which means both employer and employee can terminate the employment at any time for almost any reason.
So, by law, employers can terminate an employee at will, without cause or notice. Michigan repealed its “right-to-work” law last year to become an “at-will” state, making it the first reversal since states rolled out “right-to-work” laws in the 1940s.
However, the termination can’t violate any state or federal laws (such as wrongfully denying FMLA benefits).
The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year “for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave,” according to the U.S. Department of Labor.
This includes caring for “the employee’s spouse, child, or parent who has a serious health condition.”
In an “at-will” state, an employer can still fire you after taking family medical leave — but they can’t fire you because you took family medical leave. So, Estepp will need to prove she was fired specifically over her FMLA leave of absence.
While the numbers vary, one Nolo study found that 64% of respondents received compensation for a wrongful termination lawsuit when they had the help of a lawyer (while only 30% received compensation without the help of a lawyer).
How can you protect yourself?
If you’re about to request family medical leave, get to know the Family and Medical Leave Act so you understand how it works and which actions your employer can legally take. But you’ll also want to check your company’s specific FMLA policies.
Every company is slightly different. For example, you may be required to use up your paid leave before you can take FMLA benefits.
Make sure to document your request in writing — don’t do it over the phone. Save all correspondence, from the approval of your request to any FMLA paperwork that your doctor sent to your employer.
If you’ve been terminated after taking family medical leave and believe it’s unjust, you can start by documenting the details of your termination. If possible, get a specific reason for your termination in writing from your employer. Keep any letters, emails, texts or other documents related to the termination.
From there, you can contact an employment law attorney who can help you determine if you have a case. You may be able to settle out of court and get your old position back, if that’s what you want.
Otherwise, you could seek damages in court if your lawyer thinks it’s likely to be worth your while.
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