What can I do?

[majep5]

What is the name of your state? TX

I went on short Term disability on Dec 2, 2004. When I started leave my boss and HR told me that I would have a job when I returned. I was released from my doctor to return to work on 1-26-05. When I called my boss he said that he had to hire someone else into my position. I then called my HR person and was told that the position has been filled, that legally the employer cannot fire me and that I needed to reapply thru the company's website. I feel like I was lied to since I was told before my leave that I had nothing to worry about then after my leave I was told that my position was not protected.

What rights do I have?
Can I file for unemployment? I have not been fired and I have not quit.
Should the company be required to place me into a different position?

 

[Beth3]

What rights do I have? That depends entirely on whether the Family and Medical Leave Act applies. Please post back and answer the following questions:

1. How long have you worked for this company?
2. How many employees do they have at the site at which you work and within a 75-mile radius?
3. Did you work at least 1,250 hours for this company in the 12 months prior to starting your leave?
4. Have you taken any other leave time in the 12 months prior to this one and if so, how much?

Yes, you can file for unemployment benefits.

 

[majep5]

Answers

Was hired on 3-1-04.

Within 75 Miles radius is around 3000 employees.

Worked an average of 50 hrs a week from my start. So answer is yes to working at least 1250 hrs.

No other leave was taken.

 

[Beth3]

Thanks.

The bad news is that because you hadn't yet worked for the employer for 12 months, you are not entitled to any statutory leave under the FMLA. That being the case, your employer was free to terminate your employment as soon as you went out and/or replace you.

I know you're going to say "But my boss said..." but I SERIOUSLY doubt that can be construed any kind of binding committment. Could be he was thinking you were FMLA eligible and that they had to hold your job for you. But making a mistake does not result in any legal obligation to do so.

Apply for unemployment benefits and also reapply via the company web site as you were told. FYI, legally, the company CAN fire you.