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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Hello, thanks for the answer. I just found out that the person

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Hello, thanks for the answer. I just found out that the person that has replaced my position actually started working in the territory before my FMLA expired. Does this help my case? Also, what would I want to ask for exactly? I understand I may have a case but I am not sure what it is that I would be asking for. Do I ask for more severance, to stay on board with my job? To be paid a lump sum? I simply want to make sure they know what it is that my boss is doing at the company so that he stops his behavior and does not continue to do this to other people.
Hello Monica,

Yes, if helps your case that the person who replaced you started working in the territory before your FMLA expired, since it demonstrates that your employer already sought and obtained a replacement for you prior to you returning from FMLA leave. This helps demonstrate that they had no intention of returning you to your position after you returned from FMLA leave.

What you ask for is up to you, but employees typically request reinstatement, back wages, money for pain and suffering, and punitive damages.

If you ask for additional severance this would be in lieu of filing a claim against your employer, since they would demand that you release all claims that you have against your employer in exchange for the severance. If you file a lawsuit, you would be asking for a settlement before the case goes to trial, but you should get an attorney to do that for you.

Also, to ensure that something is actually done in the company about your boss, it would likely be necessary to file a charge with the EEOC and obtain an attorney to sue your ex-employer. A severance agreement wouldn't do anything in this regards.

Hope this additional information helps.

Again, please let me know if you need any additional information.

Thanks and best of luck!
Joseph and other California Employment Law Specialists are ready to help you
Hello Monica,

Thank you for your positive rating of my service!

Please contact me on JustAnswer should you have any further legal issues.

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Thanks again and best of luck!

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