1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

I'm on FMLA and i see my company has posted my job for hire

Discussion in 'Medical Leave & Disability' started by Bentley25, Mar 23, 2014.

Thread Status:
Not open for further replies.
  1. Bentley25

    Bentley25 Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    0
    I am on maturity and I go back to work after taking off 12 weeks under FMLA. I now see that my company has my job posted for hire. I have been in my job for 1 year and have not received any discipline or coachings. What are my rights if I am fired when i return to work? Im also under a non compete contract preventing me to work for any other local companies doing the same work.
     
  2. Proserpina

    Proserpina Moderator

    Messages:
    5,377
    Likes Received:
    500
    Trophy Points:
    0

    They can fire you legally at 8:00am on the very first day after your 12 weeks is up.
     
  3. army judge

    army judge Super Moderator

    Messages:
    33,870
    Likes Received:
    5,511
    Trophy Points:
    113

    You have the right to remain silent....LOL
    You can be terminated at any time without any reason.
    FMLA simply allows you a few weeks to attend to important medical matters.
    It doesn't prevent an employer from terminating you after FMLA ends, nor does it require your employer to pay you while you're on FMLA.

    FMLA, more gubmint smoke & mirrors.
     
  4. Betty3

    Betty3 Super Moderator

    Messages:
    6,967
    Likes Received:
    290
    Trophy Points:
    83

    You can't be terminated just for taking FMLA but you can be terminated after taking FMLA if you would have been terminated had you not taken FMLA.

    Re the non-compete, you might want to run it by an attorney in your area to get his/her opinion as to whether it is enforceable.
     
  5. cbg

    cbg Super Moderator

    Messages:
    8,562
    Likes Received:
    1,703
    Trophy Points:
    113

    Since you haven't been there you're not aware of what's been going on. For all you know they're expanding.

    But there's nothing illegal about posting a job, or even hiring another person. If you return to work immediately following the end of your FMLA and are returned to your own position or one that is equivalent in all respects, then no rights of yours have been violated and nothing illegal transpired regardless of how many positions they post. Likewise, if you do not return to work on or before day one of week thirteen after your FMLA starts, then you have forfeited your right to equivalent employment.
     

Share This Page

Thread Status:
Not open for further replies.