Laid off prematurely?

[CharlesNon]

Our company is reducing staff and I have been laid off although others hired years after I was remain. I assume this is connected to FMLA used the year before, but was not given an explanation and was too shocked to ask for one. Any thoughts?

 

[Betty3]

What makes you believe your layoff was connected to using FMLA the year before? You can't be terminated/laid off just for using FMLA but you can be terminated/laid off if you would have been terminated/laid off had you not used FMLA.

They don't have to keep the employees that have been there the longest unless it is noted/stated is a binding employment contract or CBA.

You just can't be discriminated against due to a reason prohibited by law (examples religion,gender, race......).

File for unemployment ins. - the state will decide if you qualify. Based on what you posted, you should.

 

[Betty3]

As a follow-up to my post above, it seems like there were more employees than just you laid off. How do you know some of the other employees who were laid off hadn't taken FMLA in the past? Even if they hadn't though, doesn't mean your layoff was illegal. I see nothing illegal based on what you posted.

 

[cbg]

There are a great many factors that go into deciding who is and is not laid off when there is a reduction in force. Length of service is only one of them.

 

[CharlesNon]

Thanks for the two responses, and I am collecting unemployment while searching for different kind of work.

 

[CharlesNon]

That is very true, thanks for the reminder.