An employee who was fired while sick after their leave expired won a significant payout, despite being told they would never receive any money.
On Sunday, Reddit user /u/Educational_Bowl_356 shared their triumph in the subreddit "Antiwork," where the post received 29,000 upvotes before it was deleted.
"I was fired after getting sick AFTER FMLA expired," the user wrote, referring to the Family and Medical Leave Act. "I was told over and over 'at will state' I'll never get money. I'll lose blah blah blah."
"Well my check just cleared. That's after lawyer was paid. Please contact a lawyer when you're fired!!! HR departments break the law constantly. I didn't pay anything Before settlement. This was a contingency agreement," the user added.
The post included a screenshot of a $125,000 bank transfer. Newsweek has contacted /u/Educational_Bowl_356 for comment via Reddit. We could not verify the details of the case.
What Is FMLA?
The Family and Medical Leave Act is a U.S. federal law that grants eligible employees up to 12 weeks of unpaid, job-protected leave per year for specific medical and family reasons. It also ensures that group health benefits are maintained during the leave.
Once this period expires, employees are no longer under the law's protections, which can leave them vulnerable if their health concerns persist.
Experts Weigh In
Nicole Brenecki, a civil attorney in New York, told Newsweek: "'At will' employment means that either side can terminate the employment relationship at any time for any reason.
"There are, however, certain limitations to at-will employment, which are designed to protect employees. Employers cannot fire employees in an act of discrimination based on their gender, religion, sexual orientation, age, or disability.
"If they do and the employee succeeds at proving that there was no legitimate reason to fire them, an employer can be liable for backpay and various other types of damages. Quick settlements happen all the time when employers' violations are obvious and egregious. Employees should always make an effort to consult with an attorney as these consultations are usually free and quick and will clarify whether an employee has a case or not."
Margo Pillischer, a partner and an employment lawyer at Ross Scalise Employment Lawyers, agreed, saying: "I completely agree with the poster's advice of reaching out to a lawyer when fired, and that companies violate federal and state anti-discrimination and anti-retaliation laws all the time. I will caveat by saying I don't represent this person or know the specifics other than what they posted, but what likely happened is the company retaliated against them, by firing them, for using their federally protected FMLA leave.
"The company probably gave a false (pretextual) or no reason for the termination, but the poster had a suspicion that the company's motives were actually illegal retaliation. This person's lawyer likely brought claims under the FMLA's anti-retaliation provision and secured a favorable settlement. The FMLA protects eligible employees both from the company's interference with an eligible employee's attempt to use FMLA benefits and from retaliation after having used or attempted to use them."
Reddit Reacts
Redditors rallied behind the poster, offering congratulations and sharing their own workplace grievances.
"Good for you and congratulations," one user commented.
Another added: "Congratulations! That's a nice looking check. Was it hard to prove they fired you for getting sick?"
The poster replied: "No it was super easy! They literally told on themselves in my termination letter. And said I was a great employee at mediation and offered me my job back!!! Which honestly made me cry, because I realized how worthless and disposable sick people are to society. Even if you do everything right, getting sick makes you disposable."
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