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Asked in FL May 26, 2022 ,  0 answers

position termination while on fmla

Two weeks before I was to return to

work from fmla for the birth of my child

I was told that my position was

terminated. They said Corporate was

doing away with it. They paid me 5

weeks severence pay. Is this legal and

what should I do???

Data From  LAWGURU_Question

2 Answers

Anonymous
Reply

Posted on / Oct. 07, 2007 22:30:00

Re: position termination while on fmla

The answer to your question is that it may or may not be legal. They can terminate a position while you are on FMLA if they can show that the position was actually eliminated. Some investigation would have to be done into what actually took place.

More importantly, is if you signed the severance agreement or not since they usually would contain a release of any claim you may have in exchange for the severance.

If you wish to call my office, we handle both review of severance agreements, FMLA claims and pregnancy discrimination claims and could talk with you further about this matter.

Anonymous
Reply

Posted on / Oct. 07, 2007 22:30:00

Re: position termination while on fmla

The answer to your question is that it may or may not be legal. They can terminate a position while you are on FMLA if they can show that the position was actually eliminated. Some investigation would have to be done into what actually took place.

More importantly, is if you signed the severance agreement or not since they usually would contain a release of any claim you may have in exchange for the severance.

If you wish to call my office, we handle both review of severance agreements, FMLA claims and pregnancy discrimination claims and could talk with you further about this matter.

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