Legal Question in Employment Law in Florida

I worked for a large hospital for 3 years and exhausted my FMLA time of 12 weeks before the birth of my child and was granted a general leave of absence but the day I was to return to work I was told my position was filled and I was terminated. It is my understanding that I have no legal standing since I used my FMLA time; however, the girl that filled my position is pregnant and has been told that she could take leave and was guaranteed her job after the leave even though she has no FMLA. Is this discrimination and would I be able to sue over this?

Asked on 11/28/09, 6:02 pm

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

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No. I think you are out of luck. Who knopws if she will have a job either after she returns.

Answered on 12/03/09, 8:05 pm

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