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Laid off while on FMLA

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Kelly13131

Junior Member
What is the name of your state (only U.S. law)? Now in Nevada, but was laid off while living and working in Colorado.

I was working for an employer who had contracts to do work for another big company. I took some FMLA leave mid 2007, and was laid off just a couple of weeks before that ended. When I took my FMLA leave I had been working for this company for 1.5 years, with no intention of quiting. There were a few others that worked on the contract that I did who were laid off as well, but many were kept to continue working on a different contract. Of those people, very few had any qualifications in the field of work we were doing originally.

I know that FMLA states that once I come off this leave, I must be returned to a position of equal pay and responsibility of the one that I left in the case that my original position is not longer available. Since they did keep most of the other employees for a position I was more than qualified to perform, I feel completely "back-stabbed" by this company.

Do I have any legal recourse for what I feel was wrongful termination? I spent months looking for another job after this company laid me off.
 


Beth3

Senior Member
The key question is whether you would have been laid off in spite of your FMLA leave. Nobody but your employer can answer that. If you feel that your leave was an issue in selecting you for layoff, you may file a complaint with the federal Department of Labor.
 

Beth3

Senior Member
Nope. The FMLA has a long statute of limitations. Two years from the date of the violation; three years for a willful violation. The OP has, at the very least, until the two year anniversary of the date she was terminated to file a complaint with the DOL.
 

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