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Steven Mitchell
Sack

The Employee’s Lawyer®

Welcome to The Law Offices of Steven Mitchell Sack

Enforcing the workplace rights of thousands of employees, executives and sales reps for more than 44 years.

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FMLA Does Not Mean Employees are Ineligible for Termination

The Family and Medical Leave Act (FMLA) gives qualifying employees up to 12 weeks of unpaid leave per year. It allows employees to take a reasonable amount of unpaid leave time for medical or family reasons such as:

  • The birth of a newborn child;
  • Adoption or foster care;
  • Caring for a spouse, child, or parent with a serious medical condition; or
  • Taking medical leave for a serious health condition.

The FMLA applies to:

  • Public agencies;
  • Public and private schools; and
  • Businesses with 50 or more employees.

Under the FMLA a person is eligible for leave if he or she:

  • Worked for their employer for at least 12 months;
  • Has worked at least 1,250 hours over the past 12 months; and
  • The location he or she works at employs 50 or more employees within 75 miles.

While the FMLA does provide employees with job-protected leave for certain situations, it does not mean that employees are ineligible for termination during their leave. According to the law, if an employer has an acceptable reason for the employee’s termination and can prove grounds for termination that are not related to the employee’s leave, then it is considered a valid termination. Under the FMLA valid reasons for termination include:

  • Performance issues;
  • Insubordination;
  • Downsizing; and
  • Poor attendance.

In essence, an employer can lawfully terminate an employee on leave for a myriad of performance related issues. However, there must be sufficient evidence to substantiate the employer’s claim, because the termination will be deemed unlawful if it was in any way related to the employee’s leave.

If you or a loved one has been terminated as a result of taking leave under the FMLA, it is important to speak with an experienced New York employment lawyer who may advise you on your legal rights and remedies. Steven Sack, “The Employee’s Lawyer,” has represented individuals alleging unlawful termination for more than 37 years. Mr. Sack is knowledgeable in all aspects of employment law and fights zealously on behalf of his clients. For more information or to schedule a consultation, call (917) 371-8000 or email sms@StevenSack.com.

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    I dealt with steven as an adversary. I found him to be one of the most respectful,, knowledgeable, and effective attorneys i have encountered in my 40 years of practicing law.
    Steven isn't just a great lawyer, he is a great person. He was always available to take my calls, and to give good advice. I would highly recommend him.
    "I am an attorney, and I can say that Mr sack did an outstanding job in negotiating a severance agreement. He picked up the phone and made a call, something simple, timely and effective that no other attorney would do. Mr. Sack was effective, to the point, he always followed up, and he got me a better result than any other attorney would have.

    He exceeded expectations, and I am very grateful that I hired him.

    I would recommend him to any employee involved in a sensitive situation where diplomatic negotiation and communication is needed. He kept me very well informed about the progress of my case and obtained a very satisfactory negotiated formal written severance agreement, which is one of his specialties."
    Response from the owner:Thank you very much for your review. Please keep us in mind if you ever have any other employment law matters you need assistance with.
    The best contract lawyer out there. Responsive compassionate and got results results fast. Unbelievable contract lawyer best in NYC.
    Response from the owner:Thanks for your review. Please feel free to call back if you ever have any need of representation in any future employment law matters.
    I had the pleasure of working with Steven on my separation agreement, and I couldn’t be more grateful for his expertise and dedication. From the very beginning, he provided clear, strategic guidance, ensuring that my rights were fully protected. He took the time to answer all my questions, kept me informed at every step, and negotiated effectively on my behalf. His attention to detail and deep understanding of employment law helped me secure an exceptional outcome. I highly recommend Steven!
    Response from the owner:Thank you for your review. We are glad you were satisfied with your representation, and hope you contact us if you ever have need of representation again.
    I had a great experience working with Steven Sack recently relating to a recent job separation from my former employer. He is straight to the point, very knowledgeable, and easy to work with. I absolutely recommend his services to anyone that needs an employment attorney.
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