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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 2125
Experience:  Practicing Attorney with 10 years experience
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After 22 yrs on the job with above average work evaluations,

Customer Question

After 22 yrs on the job with above average work evaluations, crossed trained in several positions within my department and sent to outside areas and plants to train others, meeting all deadlines, developing and achieving new concepts to save time and money for my company with letters of accomplishments in work file from dept. mangers and escaping all lay offs, downsizing and reduction in the work force that my company has faced thru the years. I was plagued my severe migraines which lead me to take time off work. While on FMLA leave with short term disability , I was notified because of slowing sales there was a reduction in the work force and my job was being eliminated and I was laid off. My manager and HR rep said this lay off list was generated from our higher up then them. So someone that did not even know my job duties decided my positions wasn't needed meanwhile my duties were being divided up and done by my co-workers.
My question is should FLMA have protected me from losing my job? I believe 48 people were laid off most over 40 yrs old( I am 55) with 10 years or more invested in this company. I took FLMA leave thinking my job was protected and now I am unemployment. I feel like I was only laid-off because I was on FLMA leave. Do I have a case for wrongful termination?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Asad Rahman replied 1 year ago.
I am so sorry to hear about your situation. Yes you may have a claim here. Their actions go against the entire purpose of FMLA. I would suggest that you contact a local employment law attorney who can help you further investigate the potential claim. They may have a defense because of the economic situation but it should have been done when you returned not while you were on leave.
Customer: replied 1 year ago.
ok great it cost me 50 bucks for you to tell me what I had already read on line. please do not bill me for anything else not monthly whatever or fake free trials thank you
Expert:  Asad Rahman replied 1 year ago.
I am sorry you are not pleased with the service. It often helps when you have specific questions that you need addressed. I am happy to go into more detail.