Legal Question in Medical Leave in Florida
position termination while on fmla
Two weeks before I was to return to
work from fmla for the birth of my child
I was told that my position was
terminated. They said Corporate was
doing away with it. They paid me 5
weeks severence pay. Is this legal and
what should I do???
2 Answers from Attorneys
Re: position termination while on fmla
My firm handles primarily employment matters such as yours. We'd be happy to talk to you about your situation.
Sophisticated businesses do not do away with an employee's position while she is on FMLA time, so we'll need to do some investigation into what really happened there.
I look forward to talking with you.
Re: position termination while on fmla
The answer to your question is that it may or may not be legal. They can terminate a position while you are on FMLA if they can show that the position was actually eliminated. Some investigation would have to be done into what actually took place.
More importantly, is if you signed the severance agreement or not since they usually would contain a release of any claim you may have in exchange for the severance.
If you wish to call my office, we handle both review of severance agreements, FMLA claims and pregnancy discrimination claims and could talk with you further about this matter.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
