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.
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I'm on FMLA and i see my company has posted my job for hire
- Thread Starter Bentley25
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Proserpina
Moderator
They can fire you legally at 8:00am on the very first day after your 12 weeks is up.
army judge
Super Moderator
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.
Betty3
Well-Known Member
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.
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.
cbg
Super Moderator
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.
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.
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