Wrongful Termination?

[CindyinOhio]

What is the name of your state?What is the name of your state? Ohio

At the end of the day on Novemember 10th I was given a letter by my employer stating that the manager would be performing my duties as A/R clerk and I was no longer needed. He assure me that my pending surgery would still be covered by insurance and that I was not being let go due to performance reasons. I was assured that they would not contest unemployment and was encouraged to file. I packed up my stuff and went home.
After my surgery I received a call from the other lady who worked in the office, just to see how I was doing. In passing I mentioned that once I was able to drive I wanted to stop by and pick up my heater that I had left, and drop off Christmas cookies. 2 days later I received the heater and a letter from the manager, stating that there was confusion as to why I was let go and asked that I not stop by. On December 15th, I found an on-line ad for my former position.
I had not received and written warnings and was completely surprised by their actions. At this point, I do not desire employment with them, but feel I have been wronged.......and have been encouraged by friends and family to consult an attorney. Would that be a waste of time? Thanks

 

[Beth3]

I had not received and written warnings and was completely surprised by their actions An employer isn't compelled to take disciplinary action before discharging someone nor to give advance notice they will be terminated. If the company did eliminate your job and then realized they shouldn't have, they didn't violate any laws by deciding to fill it again right away. Nor were they obligated to offer the job to you.

The only legal issue I can see is IF your leave fell under the Family and Medical Leave Act AND you were discharged for exercising your FMLA rights. If you don't know whether the FMLA applies, please post back and answer the following questions:

1. How long had you worked for this company?
2. In the 12 months prior to your leave commencing, had you worked at least 1,250 hours?
3. How many employees worked at the site you were at and within a 75-mile radius?

 

[cbg]

It may or may not have been fair, but there is nothing in your post that supports a claim of wrongful (illegal) termination.

The law does not require that you be given any warnings, verbal or written.

 

[CindyinOhio]

Thanks Beth and cbg for your fast responce. FMLA would not apply because they do not have more than 50 employees in the 75 mile radius. I think I'll just count my blessings and move on.

 

[Beth3]

Since the FMLA doesn't apply, your employer didn't do anything illegal. Shabby perhaps but they didn't break any laws.