Legal Question in Employment Law in Indiana

Unreasonable employment change

I returned from work under an agreement, following FMLA leave. Was informed my job had already been given to someone else( via a phone call at home the evening of my first day back). The following morning (befor work) my boss called again and told me not to come in the rest of the week, that they didn't need because they hired someone from a temp agency and that I would be told more the following Monday. ( My employer had been posting ads for my job two weeks following the beginning of my leave. They would not tell me if I was going to be fired or not so I contacted human resources and was told to email the complaints so I sent an email telling them of the situation and stated I felt I was being given no choice but to resign.( and I didn't want ''fired'' on my work history. I was on leave for depression and ongoing heart issues requiring surgery. Thier response was accepting my resignation withour trying to work with me on a feasable solution. Can they make this change with my job without giving me any notice and given these circumstances? I just felt the work environment had become hostile and that I could no longer trust what I was being told by my boss. Please advise.


Asked on 1/29/08, 6:31 pm

1 Answer from Attorneys
Andrew Dutkanych Biesecker & Dutkanych

Re: Unreasonable employment change

Your situation is a complicated one, but after a leave that qualifies for protection under the FMLA, you are entitled to be restored to the same or an equivalent position. To the extent your employer failed to do this, they may have violated the FMLA. You should consult an attorney for more specific advice regarding your situation. I may be reached at [email protected] or the telephone number in my profile.

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Answered on 1/30/08, 8:29 am


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