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FMLA, layoffs, harassment, wrongful term?

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wishmaaker

Guest
State : Arizona

Basic run down –

For that year the company I was working for has been in bankruptcy, there have been a few waves of layoffs. About 7 months ago after a RIF my company ended up hiring 3 people back a few months after their RIF. Due to personal reasons and stress I ended up taking a FMLA for about a month. Company did approve the FMLA after I gave them the requested medical info. How ever between the time I started FMLA and the due date that my company needed my medical info on I was repeatedly called by my supervisor demanding I get my paper work to him, came to my residence twice, once chased me down the street when I didn’t notice it was him pulling up to my house when I was leaving. Once I returned to work (6 weeks later) I was placed in to training and at my request moved to a different shift (reason for training was because I would be the only person on that shift with ATM knowledge increasing my skill level above everyone else on that shift) After about a month, I come in on a Monday morning and pulled in the office and told that my position had been eliminated and I was being laid off. In all other layoffs there was a layoff procedure that was followed. When I requested that procedure I was told that it was for management only, when I stated that I was laid off because of it I had every right to see it, the HR rep then stated that there wasn’t one, Later I read in the news that Senator McCain reveiled that my company had basicly paid off some governer of another start to hurry up and sign off on sale of the company I worked for. Something like 250000.00 was paid; this was released about 3 after I was released. BTW 2 of the 3 previous rehires were also released one was kept. So I was laid off differently then the others.

Since I returned from FMAL I had felt a lot of tension from my manger, and it’s my belief that I was laid off because I had taken FMLA. This is the same manager that was harassing my about my medical left 2 to 3 message on my phone a day one stated that he is going to consider my leave self termination and job abandonment.

Now two weeks ago after the sale was approved the company announced that they are hiring 22 people, I have emailed my director and old manages letting know that I would like to return, The managers have not responed to me at all, the director has and stated that he would get my message to the hiring mangers – the one that harassed me and laid me off.

So my questions are do I have a case of wrongful termination and harassment?

And is the company obligated to rehire the layoff employees before hiring new people?
 


S

Sinsaint26

Guest
"And is the company obligated to rehire the layoff employees before hiring new people?" The answer is no.

"So my questions are do I have a case of wrongful termination and harassment?" No one here can tell you if you have a case. It all really depends on how you were treated before you took leave, how your treatment changed when you returned and how others similarly situated have been treated. If you feel your treatment and subsiquent termination were directly related to FMLA leave you should file a complaint with the Department of Labor.
 
W

wishmaaker

Guest
I did file a complaint with DL however they told me that unless my employer said " I'm firing you because you took FMLA" there was nothing they could do
 
S

Sinsaint26

Guest
Then you should discuss this with an attorney. An attorney will be able to ask all the relevant questions and decide if you have a case.
 

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