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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 - Ive just returned to work from FMLA, on 8/12/13,

This answer was rated:

Hello - I've just returned to work from FMLA, on 8/12/13, for an injured service member. My position was backfilled while I was gone and my company is not certain they can find me an equivalent position. My manager has said I will probably be RIFFED this coming Friday and given some sort of severance package.


What are my rights??

Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

Has your employer told you that they can not return you to your same or similar position due to economic hardship (or something along those lines)?
Customer: replied 4 years ago.

Yes, that is correct.

Hello Kim,

Unfortunately, while FMLA requires that an employer return an employee to the same or similar position in the vast majority of circumstances, it does allow an employer to terminate employees who recently returned (or haven't yet returned) from FMLA for a narrow list of reasons.

One of these is economic hardship. So, if your employer is actually experiencing economic hardship and has had to eliminate your position as a result, although you have recently returned from FMLA, your employer can lay you off (with or without a severance package) without being liable for violating your rights under the FMLA.

I realize the above information is not what you wanted to hear and I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up questions.

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

Please let me know if you have any follow up or clarifying questions regarding the above information.

If not, please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!