Wrongful Termination?

What is the name of your state? North Carolina

Last January I was returning form approx. 2 months out of work at a position with a state agency due to bacterial menengitis. Shortly before I was to return, the CEO informed me that he was not re-instating me to my previous position but instead to one at another site. The employee who filled my role was given my position. My new position had a different title but the pay was maintained at the same level. However, the position was planned to be eliminated at the end of February.

When I inquired why, he gave three reasons, each of which was flatly inaccurate. In fact, I have a performance evaluation dated one month before my medical leave with his signature and my direct supervisor's that clearly states the indicators he gave were not true and actually said they were achieved above standard.

The agency position is that I was a probationary employee and they could terminate without cause within 90 days of hire. However, there is no policy regarding this nor is it referenced in the employee handbook. When I inquired with HR they could not provide me with any written description of the policy.

I did not immediately take action because I was employed shortly therafter by another agency. This agency was a contractor for the state agency and I was fearful that the CEO would retaliate behind the scenes by withholding funding or referrals. Now, our company has become so frustrated dealing with the state agency that they are pulling out of the area and eliminating my job and all others. Now that i have nothing to lose, I aminterested in bringing these practices to light.

Are they illegal, unehtical or just bad business? I also have details shared by employees of behind the scenes manipulations by the HR director and my successor in my absence if that is relevant or useful.

thanks in advance for any and all replies!

Rick in NC

Unless you had a valid, enforceable contract to the contrary, "At-will" employment means that they can terminate you at any time (not only within the 90-day "probationary" period) for any reason that is not an illegal reason. There doesn't have to be a policy that states this. At-will employment is the default in all states except Montana, and even there, it applies in certain situations.

The only possibility here is an FMLA violation since they didn't return you to your prior position but if indeed you had only been with the agency since the fall of 2004, then that doesn't apply. You'd have had to been working for the agency for at least 12 months at the time you went out on leave to be eligible for FMLA leave.

I actually had been employed by this agency previously for six years, left, and was recruited back. Does time accumulate from this hiring or from total years fo service?

Thanbks for your help!

Yes and no. In order to be eligible for FMLA, you must have worked for the employer for 12 months (in total) AND have worked at least 1,250 hours in the 12 months immediately prior to requesting leave.