Thank you for using JustAnswer. I am Loren, a licensed attorney. I will do whatever I can to provide an honest and accurate answer to your question.
I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
From the standpoint of FMLA, it is illegal for your employer to penalize you for taking or applying for FMLA. However, it is not illegal for an employer to take action independent of the FMLA, such as restructuring or RIF, even if it is coincidentally concurrent with FMLA, so long as the action does not violate the terms of a written employment contract
or is based upon illegal discrimination
So, if you can show the action taken against your employment was based upon your taking FMLA then you would have a claim for which you could be awarded damages.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.