Legal Question in Medical Leave in Texas

Unlawful Layoff?

I would like to know if my company can lay me off during my maternity leave. We have more than 50 employees and at the time of layoff other persons were also laid off. The person taking over my duties during my maternity leave is still employed. The reason given for my layoff during my first month of maternity leave was they were elinating my position. Although the girl doing my work of my position is still employed perfoming my duties along with hers. Please let me know if this is legal or do I have a case. If so who would I contact?

cp


Asked on 7/01/02, 10:36 pm

1 Answer from Attorneys
Kevin Michaels Law Offices of Kevin R. Michaels, P.C.

Re: Unlawful Layoff?

You may have some rights depending onwhat type of leave you were on. If you were on authorized FMLA leave, your employer is supposed to keep your position open and if not, offer you a comparable position when you return. Simply changing the title of your position should not work to the employer's favor. Feel free to call me if you need further information.

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Answered on 7/02/02, 5:20 pm


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