If I was forced to work during my FMLA leave and my employer claims that I violated a policy while on FMLA leave (allowing someone to remotely view my computer), and terminated me when I returned from my leave, do I have a retaliation claim.
Answer
An attorney would need to have more facts than what you provided to be able to answer your question. If you can prove the employer was motivated to terminate you because of taking medical leave, you would have a basis for a case. But a review of the evidence is necessary. You should consult with an employment law attorney for a more comprehensive legal opinion.
Answer
You may have a valid claim for denial of full FMLA leave, but the termination is 'for cause' that could be justified if it had occurred without the leave. You could argue that the 'cause' wouldn't have occurred without the leave violation, and was something that couldn't have been prevented under the circumstances. If serious about pursuing the leave claim, feel free to contact me.
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