Legal Question in Medical Leave in Tennessee
FMLA - Job Terminated After Returning
A friend of mine recently had a baby, took off for maternity leave according to the FMLA, and her employer as obligated under the FMLA had a position waiting for her when she returned. However, after about a month, she was notified the position was being terminated and she would need to find employment elsewhere. Is this legal?
2 Answers from Attorneys
Re: FMLA - Job Terminated After Returning
It depends on the reason for the termination of the position. If it is legitimate and the employee moved back into the same position she occupied prior to her FMLA leave, then it is unlikely that she could prove retaliation. However, if she moved to a created position and it was apparent that the position would not last long, she may have a claim for FMLA retaliation.
Your friend needs to discuss these issues with an experienced labor and employment attorney. If she has questions about the FMLA or retaliation cases, your friend can visit my website, www.memphisemploymentlawyer.net.
Re: FMLA - Job Terminated After Returning
It is legal, provided the termination is not pretextual.
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