Layed off the day I returned from fmla

[hptlady]

I took FMLA for surgery I turned in all the appropriate paper work needed to take the leave and was approved. I only took 7 weeks of 12. While out on leave I received a text from my supervisor asking when exactly I was going to return to work because she assumed that I would be back in the 6th week. I replied to her with a text when my post op release appt was and as soon as I was released I would bring in the necessary paper work to her and HR as well. I went to my post op appt and was released in the 7th week to return with no restrictions. upon returning to work and clocking in I had been there all of 3-4 hours and was called to HR. I assumed I was called because of my paper work. when I arrived at HR I was informed that I would be layed off due to budget cuts and my position being eliminated and I was the last one hired in that particular department so I would be the first one to be let go. Now mind you I have worked for this company for 10 years. Prior to being layed off I had just had an excellent evaluation and received a raise while out on surgery leave. My attendance was perfect not to mention my work ethics. Now let me also mention while working in this company I worked for a supervisor that was very hostile and mean at times She often bullied a lot of employees we had had some run ins but for the most part generally got along because I was not one to tolerate bullying and stood up for myself. I feel that the text message I received some how contributed to me being layed off also I feel I was targeted because I was on surgery leave. By that I mean she was the kind of supervisor who felt just because she had similar surgeries and returned to work within a short amount of time. And if anyone in the department that had surgery should return sooner rather than later. A little more info another co worker in my dept was out as well because of a car wreck and then her husband died during her time off. This co worker also received a call rom our supervisor stating when was she going to return "because I am trying to save your job" Well needless to say that employee was not terminated or layed off only me. Now 2 weeks after me being layed off my supervisor was asked to resigned due to multiple complaints of being hostile, excessive use of language among other things. I am concerned that I was targeted and I feel I have a case against the facility because I was layed off the day I returned not to mention the supervisor for her actions, Let me also say this my supervisor and Dept Head both have been dismissed. Do you feel I have a case to sue?

 

[Proserpina]

FMLA doesn't protect you if you would have been laid off anyway.

Please stand by though for others to respond.

 

[army judge]

If things are as you describe, you were allowed to return to work.
Then you were terminated due to budgetary concerns, all quite legal.
Even if there is a nefarious scheme at play, your recourse won't be here.
If you have uneasiness about your situation, you're free to speak with 3 or 4 local attorneys.
The initial consultations are normally offered at no charge to you.
Good luck.

 

[Betty3]

You can't be let go for taking FMLA but you can be let go if you would have been let go had you not taken FMLA. However, being let go the day after you returned "could be" considered a little suspicious though not necessarily illegal. You can talk to an attorney if you believe your termination was illegal - that you believe it was because you took FMLA & get his/her opinion.

 

[cbg]

FMLA is not a get out of jail free card. Last in first out is a valid, objective way of determining who to let go when there are budget cuts. Do you have any supportable evidence that if you had not taken FMLA, someone else would have been let go instead of you?

 

[ElleMD]

If others took FMLA and remained employed, that would tend to work against you as well. If everyone laid off had just taken FMLA, then it starts to look suspicious. Your supervisor asking when you are returning and then following through with a termination for a legitimate reason, using objective criteria, not so much. The law doesn't care if you work for Pollyanna or Attila the Hun. If anything, the company asking her to resign for being unprofessional shows that they took complaints seriously and did not tolerate inappropriate behavior.