Avaliability being questioned due to FMLA
I recently applied for a promotion at work, it is a large company with over 2,000 employees. After i did not get the job the only feedback I got was that everything was great excpet for my avalibility. I asked what they meant by avaliability and was told it was my attendance. The interesting thing is that the only time I had really taken off was for FMLA. Is this something I should fight?
Re: Avaliability being questioned due to FMLA
Fight? If you can somehow credibly show job/promotion denial was because of taking the legally protected leave, then sure, pursue it. It may be possible to use that argument as leverage to change their mind about you, although it sounds as if it is too late for the promotion. If an attorney contacts them to 'discuss' the problem, they may agree to take some action. Feel free to contact me if serious about doing something about this. Employment law has been a specialty of mine for 20 years.
Re: Avaliability being questioned due to FMLA
Fight? If you can somehow credibly show job/promotion denial was because of taking the legally protected leave, then sure, pursue it. It may be possible to use that argument as leverage to change their mind about you, although it sounds as if it is too late for the promotion. If an attorney contacts them to 'discuss' the problem, they may agree to take some action. Feel free to contact me if serious about doing something about this. Employment law has been a specialty of mine for 20 years.
