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RESPONDER9, Employment Lawyer
Category: Employment Law
Satisfied Customers: 389
Experience:  Attorney with more than 20 years of expertise.
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We abolished A position, so we let go this employee. Now

Customer Question

We abolished A position, so we let go this employee. Now she's threaten to sue us because we let her go while she was on Medical Leave. She sent an email saying her doctor did not release her to work yet (after few days we terminated her). But I have a previous email from her saying her doctor released her and will send a fax to my attention (that I never received since that same day we laid her off when she show up to work). Is there anything illegal in our actions?
Submitted: 2 years ago.
Category: Employment Law
Expert:  RESPONDER9 replied 2 years ago.

Hello and thank you for your question. If the employee was on California or FMLA leave, under that law, an employee must be restored to same position or one equivalent to it in all benefits and other terms and conditions of employment. This law applies if you have 50 or more employees. The law is very complex and applies to employees who worked at least 1,250 hours for employer during 12 months preceding leave. According to the FMLA regulations, “An employee has no greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the FMLA leave period. An employer must be able to show that an employee would not otherwise have been employed at the time reinstatement is requested in order to deny restoration to employment” So if these conditions apply, the law has not been broken if you can prove she would have been terminated even if she was not on medical FMLA leave. I hope all of this helps and ask for your positive rating after reading this or the service will not pay me for my work.

Expert:  RESPONDER9 replied 2 years ago.

Hi there.

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