I thought my employment was 'secured' while on FMLA, but the HR person told me that a job elimination superceeds the FMLA law when it comes to budget cuts. Is this true? (I'm in Washington State). They gave me 30 days to find a new job within the company.
2006-12-18 08:28:47 · 5 answers · asked by newmom 2 in Politics & Government ➔ Law & Ethics
Congrats on your new baby. Your employer would have to be able to prove that the budget cut/job elimination thing was in the works prior to your notification to them of your intent to take FMLA leave, or in some other way show that business necessity required your position to be eliminated - in other words, they need a pretty solid paper trail validating their decision. If they can not prove that the decision to eliminate your job was made totally separate from your FMLA-covered absence, then it's quite possible that you have a valid claim under the FMLA for an illegal termination. You should contact your nearest office of the US Department of Labor, Wage and Hour Division, either at www.dol.gov or at 1-800-4US-WAGE, or contact a labor attorney. I wish you luck....
2006-12-18 08:34:18 · answer #1 · answered by Poopy 6 · 1⤊ 0⤋
Neither of you are quite right. While you are out on FMLA leave, upon your return you must be restored to a position of similar substance, e.g. similar pay, similar conditions. However, it's up to THEM to make that position for you. You do not have to "find" a new job within the same company at all. I suggest you get an attorney and ONLY correspond with the human resources department of your employer IN WRITING. Do not accept phone calls. Insist that they put everything in writing. Go see an attorney.
2006-12-18 17:54:39 · answer #2 · answered by cyanne2ak 7 · 0⤊ 0⤋
If your job was "eliminated", and they tell you that you have 30 days to find a new job within the company, then look for a job. Now, if they gave your position to someone else, then you have a case. By the way, congrats on your baby.
2006-12-18 16:41:16 · answer #3 · answered by Anonymous · 2⤊ 0⤋
Job elimination does superceed the family leave act, but it does sound sketchy. You might want to contact an attorney that specializes in 'wrongful terminations' and they'll give you the lay of the land in Washinton.
2006-12-18 16:30:56 · answer #4 · answered by Morey000 7 · 2⤊ 1⤋
And what is the problem? They offered you a chance at another position. That is more than fair.
2006-12-18 16:30:17 · answer #5 · answered by Chainsaw 6 · 3⤊ 1⤋