Fmla leave violation?

I asked a question previously, with less facts, so I'll ask again; I am currently out on fmla leave for carpal tunnel surgery for both wrists, I have had surgery on one, and only have 3 more weeks off covered leave left. Yesterday my boss called to tell me that I have been permanently replaced at my location/store and I would most likely have to take a lower position on return because he has no place for me. I told him I could see if I could post pone the second surgery and come back earlier to keep my store but he said I should stay out and get the surgery, this would be longer than the protected 12 weeks so he said he would have to terminated me. I have been an employee 26 years, have a clean and excellent work history, I fought to get the location that I have for years against male managers he gave it to and now he replaced me with another male employee with little experience. My name has already been removed from my location and he has no other locations in that area. So even if I do return early before my covered leave expires, I will not get my store back. Is this retaliation?, gender discrimination? Wrongful termination if I stay out,? I have an attorney consultation next week but I am freaking out and so stressed about losing my position. Any advice? Thanks

0 answers  |  asked Sep 18, 2016 04:32 AM [EST]  |  applies to North Carolina

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