My mom was fired today from a company she has been with for 20 years.

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Christie85

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She found out in January that she has lupus so her doctor told her that she needed to take a break from work because she would become very stressed and this was not good for her. She thought that she was going to be able to go back to work in March but the Dr. said no. Recently she decided that she needed to go back because her sick time had been used up and she was out of money, she started back yesterday and worked her normal job and normal shift with no problems. Today when she went back the managers called her in and told her that they had already filled her position while she was out and that she no longer had a job anymore! They wouldnt even let her take her things out of her office. Is this legal?!?!? They did offer to help her find another job but with a big paycut, and the Dr. never cleared her to come back, she had to for financial reasons. Should she look into getting a laywer?
 
She should have qualified for FMLA. Did she take that?
 
Give us the dates she started medical leave and the date she returned. Did she apply for FMLA (Family Medical Leave Act) through her employer? Did she fill out any papers or request in writing any type of medical leave? What type of business is it and is it a large company with a Human Resources (HR) department?
 
She was on fmla, she was out dec 1st to april 27th. She was told that her job was secure the whole time. Its a major corporation; hospital organization.
 
She was actually out longer than FMLA provides for. Once her FMLA has expired, which it did sometime in late February or early March, they had no legal obligation to hold her job for her any longer, regardless of her length of service or the medical necessity for additional leave.

It's a lousy way to treat a 20 year employee but based on the information provided, it was legal.
 
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.200.htm FMLA
She is entitled to 12 workweeks if applied for and it appears she exceeded that time limit even if the employment/fiscal year ended Dec. 31st and a new year began Jan 1st. Her job is only gaurenteed during the 12 week period. Did she not keep in contact with HR and not know her FMLA was up?
 
Yes, her hr dept. knew what was going on and she was keeping in contact. They just kept telling her that her job was fine, so she went back to work on monday then was let go on tuesday.
 
As I said, it's a lousy way to treat a 20 year employee but does not appear to violate any laws.
 
I am the Mom

Hello,
I am the Mom that is mentioned in this story.
I was on FMLA. My FMLA was exhausted. I did keep in constant contact with my employer on my progress and was constantly told that my job was secure(not to worry about it) by my boss and would be there when I was able to return. I called my boss on Friday told her that I asked my MD to release me and that I was able to return to work on Monday 5/1. She allowed me to work all day Monday and then the CEO and another person from Administration as well as our HR rep called me into the CEO's office on Tues am and promptly told me that my position was filled sometime ago.
I was give 30 days to find other employment with the system before I will be completely terminated.
My question is....Is it legal for my boss to keep telling me that my job was secure and not to worry about it and when I returned to work and work an entire day the next day then pull the rug out from under me like they did?
 
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