Job discontinuation due to FMLA use

I have been working at the same company for 23 years with an exemplary record and evaluations. Since I began using intermittent FMLA, however, things have changed. I have been harassed by coworkers, subordinates, my boss, and HR due to this used. HR even told me that if he could he would fire me but it was against the law. My position is state certified and law requires me to have a four year degree. I recently found out that under the guise of a complete evaluation, HR and my boss intend to decertify my department and discontinue my position. Currently, he has me collecting data to prove this would save money, but my investigating has found this to be the opposite. First, can his discontinuation of my position be linked to all the documentation I have of his FMLA harassment? Also, can the position be discontinued and then another person hired and the position reinstated? Thank you

4 answers  |  asked Nov 23, 2010 9:01 PM [EST]  |  applies to Illinois

Answers (4)

John Otto
You certainly have the potential of a claim for retaliation for exercising your FMLA rights. You should make sure you keep copies at home of any documentation you have that eliminating your position would not save any money. There is a statute of limitations for FMLA claims, so there is a danger that any claim for the harassment will be time barred by the time they get around to firing you. This is a complicated subject and you need to personally talk with an attorney who is familiar with this area of the law.

posted by John Otto  |  Nov 24, 2010 10:10 AM [EST]
Stephen Glickman
It is illegal for an employer to retaliate against an employee for exercising his or her FMLA rights. It is also illegal for an employer to interfere with an employee's exercise of his or her FMLA rights.

The issue is whether the position elimination is legitimate or just pretext for FMLA retaliation and interference. The statement by the HR person and the harassment may help to show that it is the latter.

Steve Glickman

312.960.9550

posted by Stephen Glickman  |  Nov 24, 2010 09:26 AM [EST]
Alejandro Caffarelli
If you are interested in scheduling an initial over the phone screening, please do not hesitate to contact me directly to arrange a date and time for a screening.

If you have any questions, or if you would like to schedule a consultation, I may be reached at (312) 540-1230.

posted by Alejandro Caffarelli  |  Nov 24, 2010 08:21 AM [EST]
Ryan Nalley
If you have such documentation it would certainly be probative as to his motives. If the position was terminated, then reinstated within short time after your termination, that would appear to be a pretty clear example of interfering with FMLA.

Of course there are always more facts that must be taken into consideration before a definite answer can be given.

However,

If you wish to discuss the matter, you can call me at 312.523.2168.

Sincerely,

Ryan Scott Nalley, Esq.


DISCLAIMER:
THIS DOES NOT CONSTITUTE LEGAL ADVICE OR ESTABLISH AN ATTORNEY CLIENT RELATIONSHIP

posted by Ryan Nalley  |  Nov 23, 2010 10:07 PM [EST]

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