Could this be considered "wrongful?"

[junebug48]

What is the name of your state? Nevada

Last year I was on bed rest for three months due to a high risk pregnancy. I worked for my then employer for 7 years, and was more than exemplary.

A week before I was scheduled to return to work I received a letter from my employer stating that my position had been eliminated, and that if I wished to continue employment, I would have to apply for any open positions, and go back to entry level (if there were positions available), at entry level pay.

Because they eliminated my position, I was granted unemployment (after the employer tried to fight it), however shortly thereafter, the position was miraculously reinstated, and an employee who was brought on during my leave was promoted.

Can I go after them for wrongful termination? Again, I was employed there 7 years, 3 years were served in management, and there wasn't even a scratch on my employment record. This just doesn't seem right. Additionally, when I went on leave I was reassured that I would still have my job when I returned from leave. When one of the company's owners was asked why I wasn't brought back, her answer was, "I don't know."

The kicker is that before I went on leave, I reported harrassment and other goings on to HR and upper management because I felt that my supervisor was retaliating against me for work restrictions placed on me BY A DOCTOR.What is the name of your state?

 

[seniorjudge]

You have not given any facts showing that the termination was illegal.

 

[mlane58]

How many employees are there within a 75 mile radius?
How many hows have you worked in the last year?
We already know you have been there for a year. As SJ stated give us some more details.

 

[cbg]

And EXACTLY how long were you out?

 

[junebug48]

I was out for one week in January, and was put on permanent bed rest mid February. I would have been out a total of 5 months, returning mid July.

They have over 125 employees. I know my leave falls under FMLA, and I was briefed by HR as to my rights. Obviously I went over the 12 weeks covered by law.

The fact that I had medical problems, reported harassment (it's all documented), and was the highest paid employee in the department, just seems all too convenient for them to just "eliminate" my position.

So you can see how odd it appeared to me that they were so quick to promote someone else into a non-existent position.

Okay, so say they had foul intentions - my question is - did they do everything to cover their behinds, or were they sloppy about it? We can't always right the wrongs that we feel were done to us; but sometimes we can. But if your expert opinions state otherwise, ok.

Thanks, everyone!

 

[junebug48]

How many hows have you worked in the last year?

This happened in 2006. In that year I probably only worked 100 hrs for this employer, since the medical leave started in Feb. But the previous years I always worked more than 2080 because of "tax season" or "year end" where we worked 55-60 hrs per week.

 

[moburkes]

This happened in 2006. In that year I probably only worked 100 hrs for this employer, since the medical leave started in Feb. But the previous years I always worked more than 2080 because of "tax season" or "year end" where we worked 55-60 hrs per week.

In the previous 12 months, it appears that you worked more than enough to qualify for FMLA. However, you exhuasted any coverage available to you under FMLA while you were on bedrest.

 

[cbg]

On week 13, day 1, of your leave, all reinstatement rights were lost. Your employer had no legal obligation to return you to work

Sorry, no wrongful term here.