Oh, no. Someone who already believed she had a wrongful termination claim when she first started and hears someone telling her that her employer maybe violated FMLA (on NO evidence whatsoever) is NEVER going to imagine that this means she has some kind of legal recourse. Of course not.
Given she was terminated for attending to her sick child without any more clarification than that, I see nothing wrong with ensuring fmla isn’t applicable. It would be the Ginsu knife of defenses if it applies and does no harm if it doesn’t apply.
I never said the employer might have violated the fmla. I said this:
. Before we even get to unemployment I suggest it should be determined if you had any FMLA protections for any of the missed time.
That is not making any suggestion that she did have protections.
One step at a time. That’s all it is.