"Laid off" after returning from FMLA leave

[Darsha05]

Hi, I cannot let this go without fully following through.

March 5, 2009 after returning from FMLA leave, I was called to HR and told that my position was eliminated and I was laid off permanently. I kinda knew this would happen as I wasn't in the clique at work and my new boss and I didn't get along well. Irregardless, I was told the reason for my lay off was elimination of position. My dilemma with the situation is such, my position still exists to this day. My 'backup' during my FMLA leave and another person in another position (of which I trained prior to my leave) now assume my position fully. I was also informed that the person whose duties I was hired to replace is also helping with the duties once again. My last review was ok...and I received a pay raise (December of 2008). I was a salary employee and was out on full FMLA pay. I went out on FMLA pay in November of 2008 for surgery - but went back to work in December seamlessly. I am now back to work again after trying to find employment for 14 months and am now an hourly employee. My question and concern, as much as I want to go back to them and hold them accountable for illegal lay off I truly need to know first if I have legal ground for damages and secondly, was I laid off legitimately...or was this simply because I didn't fit it and kiss the bosses booty?

I am back to work almost 4 months now and am very happy, but I just can't let this go...unless I am told they were within their legal right. I have contacted a few attorneys in my area, and they are very aware of this company and their practices hence a 3rd decision.

Please advise...many thanks!!

 

[Darsha05]

Hey guys...after reviewing my post...it is very important to clarify...I am back to work - but NOT with that company. Thanks for reading...I hope to know that they cannot continue to "get away" with stuff like this. Some history...it is a small company founded and run by small town residents...their parent company is located in Clearwater FL. They did close down a few shops across the US due to the economy, however brought most people back and employed them again locally...

Please advise...

 

[Patricia_Young]

http://fmla-law.com/2007/07/20/statute-of-limitations-period-for-fmla-violations/

There are generally not "damages" for FMLA violations; there may be fines assessed against the employer. Plus I'm not sure at all that there even was one. "Job elimination" is merely another way of saying "reduce head count". Plus, the fact that you and your boss "didn't get along well" implies that you would have been let go even if you had not been on FMLA leave; the FMLA does not protect you from job actions that would have occurred had you not taken leave.

There is nothing preventing you from contacting the federal DOL to discuss the issue, however. An attorney is not necessary at this point.

 

[Darsha05]

Thank you Pat for your response. I guess where my confusion still lies, received a good to fair evaluation and pay raise in Dec, 2009 - although there was animosity, it didn't affect my job as we didn't communicate often and I was segregated to another area other than the main office. I got on well with all management less my immediate boss who replaced the boss that originally hired me a yr previous. If you have the time, please outline what exactly would be a violation regarding firing/laid off permanently under FMLA. It's a year and a half since this occurred and I sure don't want to go back there...I would like a better understanding what FMLA protects a worker under. Everything I am reading <other posts and replies> does not support the employee in the least. Thank you

 

[Hosea]

Fmla

By law your job and pay is protected by FLMA status they can not terminate you nor eliminate your job title. They must find something equal to your status. yes you can sue for damages for violating FLMA

study FLMA policy and file suit.

You can even sue your manager for violating FLMA policy
then your company for allowing it to happen. You have maybe 2 years to file see your state statues

 

[Darsha05]

Thanks Hosea so much for your reply. There are many contributing factors involved to not think I couldn't at least raise a red flag for others that also have been in the same situation (company related). I find it rather amazing that they not only permanently laid me off 40 minutes upon my return from full FMLA (approved all paperwork with me) and my job still exists, only now being done (to date) by the ladies that "filled in" for me during my leave. I do know that they did not hire someone with my same job title but the work didn't go away. I was the billing/collections manager.

I have contacted a few attorneys, one that actually got back to me but then kept changing our meeting times til I finally gave up. The one said I definitely have a case, but trying to find a local attorney that isn't first familiar with this company and second wants to sue. A few atty's that I spoke with said they were very familiar with the company but would charge me for a consult. Being on UE at the time, just couldn't afford it.

Any links out there in the Harrisburg, PA area that could possibly lead me in the right direction? I also went onto the Dept. of L&I website but couldn't find a contact link for FMLA. March will be two years, I know I am running out of SOL time, just frustrated trying to find an atty that will actually meet with me to discuss.

Thanks again for the info!!!

 

[Hosea]

Eeo

Try your nearest EEO they will investigate and sometimes file or give you the green light to file.

I have been studying our court systems for years I have always defend my-self

I am not an attorney/lawyer

I am pro se, but I do have a Legal Degree
The last case I help a relative win against A large law firm

Thats why I tell people study the law there are free courses on the web great info.

See Employers and HR work together dont go to your HR unless you have documentation. Always send an email verifying your conversation or complaint..... so much to share.

dont know if we can pass emails but send me a PM

 

[Darsha05]

yeah., no we cannot exchange private emails until we reach 100 posts. Not sure if this is allowed but my email addy is darsha05 @ gmail dot com

Not sure what you meant about See employers and HR. I haven't spoken to this company since my layoff. I do know that the 'manager" that laid me off is now in Florida at the corporate level and the VP quit not too long ago. My mole still tells me lots...haa

 

[Patricia_Young]

By law your job and pay is protected by FLMA status they can not terminate you nor eliminate your job title. They must find something equal to your status. yes you can sue for damages for violating FLMA

Wrong, wrong, wrong.

Q: Are there other circumstances in which my employer can deny me FMLA leave or reinstatement to my job?

In addition to denying reinstatement in certain circumstances to "key" employees, employers are not required to continue FMLA benefits or reinstate employees who would have been laid off or otherwise had their employment terminated had they continued to work during the FMLA leave period as, for example, due to a general layoff.

http://www.dol.gov/whd/regs/compliance/1421.htm#2l

 

[Hosea]

Lol

Patricia read her story

your busy trying to prove that I am wrong.

I know for sure you really dont know what your talking about.


Employers hope you dont do anything they are banking on that you are scared.

Patricia please do some research.

FMLA cases I have not lose one case.

 

[Patricia_Young]

I read the post. Did you READ what I posted? I cited verbiage directly from the DOL site. Where are YOUR cites or cases? FMLA is NOT a get-out-of-jail-free card.

Besides, FMLA violations are handled by the DOL, the EEOC does not handle them. An FMLA violation is just that; the EEOC handles discrimination claims based on Title VII ONLY.

You are an attorney? (scary)

 

[katsuri]

I read the post. Did you READ what I posted? I cited verbiage directly from the DOL site. Where are YOUR cites or cases? FMLA is NOT a get-out-of-jail-free card.

Besides, FMLA violations are handled by the DOL, the EEOC does not handle them. An FMLA violation is just that; the EEOC handles discrimination claims based on Title VII ONLY.

You are an attorney? (scary)

Once again, the thread ends with you being nasty and insulting. What is your problem? Why so angry?

 

[cbg]

Is there some reason you are opening a year old post to chastise a poster who is no longer here? And who was correct?

 

[Michael Wechsler]

There is no point in continuing this thread. I'll close it off. While opinions can get heated, virtually everyone here posts with best of intentions. In this instance, if you're looking for a response from the poster, unfortunately the poster cannot do so and you might as well let this one go.