Legal Question in Employment Law in California

Laid Off after returning from Medical Leave
I just got Laid off with my company stating that they have eliminated my position. I was on disabilty for 11 weeks through FMLA and I returned 3 weeks ago. During my Medical Leave they hired someone else that was given my title with the word ''Lead'' on the front of it. The day I returned he was given a new title of Director. when I went on Disabilty my Job was posted online 5 days from my l last day of employement and is still posted. The person that was hired is now doing my job and my job duties from my job description. When I returned from disabilty they gave me busy work, and would not let me work on any projects that I used to work on and when I asked if my job duties had changed they said ''No'', you just have help now. I also have a workers comp case open from over a year ago that they have been pressuring me to close for months. They offered me a severance package and I don't think I should take it. Do I have any rights?

Asked on 2/07/08, 4:20 pm

Elena Franz Franz Law Office

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Re: Laid Off after returning from Medical Leave

You may have a retaliation and discrimination claim; more facts and details would be needed to examine this.

Answered on 3/30/08, 11:06 pm

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