Legal Question in Medical Leave in Wisconsin
FMLA job elimination
I am currently on Family and Medical Leave. My job has been eliminated, and another has been posted with similar responsibilities. I am told that I will have to interview for this position. Is this legal/correct?
Asked on 5/12/03, 3:30 pm
1 Answer from Attorneys
Mark Mahoney
Cassiani Law Office, Wise Shepherd Law Office
Re: FMLA job elimination
Hello,
This matter is not clear cut. An employer can not eliminate you by eliminating a job and then selecting someone else to fill a similar job.
However, your employer may have not facts that fit within the law that they are relying on to justify the action. You need to get additional facts to an attorney if you want an opinion you can rely upon. Best wishes, Mark J. Mahoney
920-984-4529
Answered on 5/13/03, 11:24 am
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