Laid Off During Intermittent FMLA - Do I have a case?

[ucbedge80]

Facts of the case appear below. I essentially have two questions:

1) Do you think I have a case against the employer?
2) If so, do FMLA lawsuits typically involve a compensatory and/or punitive damages? Or just a slap on the wrist from the govt?

Me/Company Facts:
- Large company with over 3500 employees
- Salaried overhead employee (Accounting)
- More than 10 years tenure at the company
- Never received lower than a "Met Expectations" on a performance review (unlike others in my department)
- Never been placed on a Performance Improvement Plan (unlike others in my department)

December 2012: Assigned to a new manager, who didnt like me from the start
January 2013: Applied for and was granted intermittent FMLA for the birth of my first son
One week later: Full-time telecommute status was revoked, job duties materially changed (I just went along with it)
May 2013: Birth of my son. I took approximately 5 of the 12 weeks of FMLA granted
June 2013: Returned to work on a full-time basis
Late June 2013: Company announces upcoming layoff due to "business downturn"
Early July 2013: Informed management that I would be taking the remaining 7 weeks of FMLA in August/Sept to care for my child
July 2013: Terminated from my position as part of the company-wide layoff


I understand that FMLA employees are not granted special privileges and can be terminated along with anybody else during a RIF. However, what strikes me as odd are three key facts:

1) Out of the ~100 person Accounting department, I was the only one terminated
2) My job responsibilities didn't "go away". In our department, we are responsible for supporting all invoicing activity relating to a specific business unit. The business unit I supported did not go away. My job responsibilities were either parsed out to other Accountants and/or they had to hire somebody new.
3) I have more tenure and better Performance Reviews than certain other individuals in Accounting. What was so special about me that I was the only one RIF'ed?

Thanks in advance...

 

[army judge]

FMLA doesn't prohibit the employer from eliminating your position.

I see nothing untoward in your story, other than you got terminated. Unless you're protected by a CBA or an employment contract, I don't see any violations of employment law.

You can consult with a private attorney or two. The initial consultation is often provided gratis.


Sent from my iPad3 using Tapatalk HD

 

[Betty3]

You can be laid off while on FMLA/after having taken FMLA if you would have been laid off had you not taken FMLA. If you believe your FMLA rights were violated, you can file a complaint with the US DOL - they oversee FMLA & take complaints. (It doesn't hurt to get the opinion of an employment attorney.)

 

[cbg]

The duties of your position do not have to go away for a reduction in force to be legal. In fact, it's exceedingly rare that they do. A reduction in force is a question of head count. It doesn't mean that they no longer needs anyone to perform your duties; it means that fewer people are going to have to do everything that more people used to do. So the fact that someone else is now performing your duties doesn't really help you any.

Were other people elsewhere in the company, in other departments, laid off?

 

[Betty3]

Were other people elsewhere in the company, in other departments, laid off?

OP did note that it was part of a co. wide layoff. That doesn't help OP's case that others were laid off also. However, OP can certainly file a complaint or talk to a lawyer. I think it is probably doubtful there is a case for anything illegal here though.

 

[ucbedge80]

I do appreciate the feedback - thanks!

Other personnel in other departments were laid off. What strikes me as odd is that I was singled out as the only Accounting person laid off. What criteria was applied such that I was the only person who didn't meet it? It can't be performance (other employees reviews were worse than mine). Nor could it be tenure (11 years). The only factor that separates me from the other Accountants was my FMLA status. In these cases, isn't it up to the employer to demonstrate objective criteria for being the only one laid off that is unrelated to my FMLA status?

Again, many thanks

 

[Betty3]

You're welcome. The only thing you can do is file a complaint with the US DOL or talk to an employment attorney & see what he/she thinks as we noted previously if you believe you were discriminated against due to using FMLA.

There is no way we can know what criteria the employer used for making the decisions they did. It doesn't have to be fair - just not illegal. (Discriminating against you for taking FMLA would be illegal but we don't know that they did.)