Job Eliminated

[Lyd682]

What is the name of your state? California

I had emergency surgery a few days short of my 1 year anniversary with my company. After my return, Human Resources called to say since I had not been terminated and that they were happy to extend FMLA benefits to me.

My new boss came to my house the next day to tell me that was a mistake and I had to be terminated, but was eligible for rehire. She said there were no plans to fill my position and my staff was assured over and over that I would return.

Four weeks later I received a letter from her (unsigned?!) that all along they had been reviewing my job and decided to eliminate it.

They have not told the staff that my job was eliminated. I believe they are waiting for me to get a new job so they can fill the position. Is this legal.

 

[JETX]

Just as legal as the last time you asked it on this forum.... and tried to undo.
https://forum.freeadvice.com/showthread.php?threadid=156975

 

[Lyd682]

Jetx: Since I got only one reply last time, I undid that thread and summarize my situation more clearly. I believe you did not respond last time. Not a lot of compassion on your part.

 

[JETX]

Check again. I did respond with:
"No. There is no obligation that they make an offer to you..... even with 'subject to rehire'."

Pretty hard to add 'compassion' to a fairly simple issue.

 

[Beth3]

Plus the law has nothing to do with compassion. It has only to do with the law.

In any event, your employer can fill your job any time they want to. Despite what most people seem to think, there is no proscribed period of time an employer has to wait to hire a replacement when someone is terminated or their job is eliminated.