Legal Question in Employment Law in California
Replaced and forced out
I work for a large non-profit, coordinating fundraising events. I started out part time and 2 years ago requested to go full time. Just about a year ago, I took some Family Medical Leave to which my employer told me I couldn't and I'd need to go back to part time. After confirming with corporate that they could not tell me this, they offered me part time upon my return and I accepted.
I have been working in this capacity for almost a year now with nothing but exemplary performance evaluations while completing the best fund-raisers the organization has ever had. The Executive Director seems to have a pattern of not wanting employees in high positions with children and has forced several out over the years. 2 months ago she hired someone to take my position without my knowledge and without posting the position. The person taking my position in younger with no children. Now that my last event is over she tells me I have no position left. She says she needs a full time position and I am part time. I was told to go part time because of Family Medical Leave and then replaced because I was not full time. Is this legal?
3 Answers from Attorneys
Re: Replaced and forced out
How long were you part-time and how long were you full time?
Also -- does the company have an Employee Manual. If so, what does it say about part time and full time employees? What provisions does it spell out?
As a part timer, you may not have a lot of clout to file a claim, especially if you don't have any hard evidence (written memo, a third party overhearing a conversation and willing to sign an affidavit, etc.) What was the official reason for letting you go? Were you asked if you might consider full time?
Re: Replaced and forced out
If you can prove the facts as you allege them, you have the makings of a violation and case. If interested in discussing the facts to provide the basis of an actual intelligent opinion, contact me.
Re: Replaced and forced out
You need to call to discuss these issues. Need more information and clarification on info received.
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