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Old January 15th, 2008, 17:29   #13
JEP
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Default Re: Legal Advice on forced resignation

Quote:
Originally Posted by MQAAord View Post
Certainly sounds qualifying there!

Sorry the company is being such butt-heads about it. They probably know they're going to lose and are putting out every stop possible they can.

And Jim is right about the full-time/part-time thing.

Those hours though would not appear to add up. If said employee worked through the end of 2005 and started in 2001, that would be 4+years which would average out to 800 hours per year, give or take. That number in itself would not qualify.

The compensated hours was recently raised to 1250 so it was probably less during that time. I doubt it was 400 hours less though.

It would also depend on when said employee filed for FMLA. Suppose he worked 1250 hours in 2002, 800 in 2003, and then on Jan 1, 2004 he applied for FMLA status. Because he did not meet the hours required in the previous 12 months (2003) he would be denied.
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