Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I was off from a company about 8 months ago after being

Customer Question
I was laid off from...
I was laid off from a company about 8 months ago after being there for 5 years. They are currently hiring and I was contacted by the hiring manager and advised that I'm not eligible for re-hire at an entry level position due to some feedback given they couldnt discuss. I was on FMLA for a serious health condition. I'm probably the most qualified person for the job they will find. In my lay off it was due to company re-organization, not for FMLA because that would be illegal. I'm wondering if I have a case since they wont rehire me.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: colorado
JA: Is the employment agreement "at will," union, full time or part time?
Customer: at will
JA: Anything else you want the lawyer to know before I connect you?
Customer: full time
Submitted: 1 year ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
10/6/2016
Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,396
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
Thanks, ***** ***** will let you know in the 5 years I was there I was put on two written warnings, however I was able to change my performance and get off those warnings
Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago

If you can prove that you were not rehired because of your FMLA leave, that would constitute illegal retaliation and give rise to a claim for damages. The issue will be whether that was actually your employer's true motivation. Rarely is there smoking gun evidence in a case like this so you will need to prove motivation circumstantially.

So, what will likely need to be known is how much more qualified you are than the person who is hired? Were there any personality conflicts that might have formed the basis for you not getting the job? Can your employer actually prove they received feedback that disqualifies you for the position (they don't have to reveal it now, but you can bet they will reveal anything they have if they are sued because this will factor heavily into their defense). There is also a common sense question, which is why, if their intent was to retaliate against you for FMLA usage, would they have gone out of their way to say that they receive negative feedback about you and that is the reason they are not considering you? Why would they fabricate that when, if their intent was to retaliate, they could have simply said "We carefully considered your application and have decided to go with another applicant."

Ultimately, your employer's TRUE motivation will be a factual question for a jury to decide. So, it's impossible to say with any certainty whether a claim would be likely to succeed. It's certainly possible though, but it just completely turns on the specific facts. I would contact some local attorneys to see if any are interested in getting involved on a contingency fee basis.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Ask Your Own Employment Law Question
Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago

Are you still with me?

Ask Your Own Employment Law Question
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 13,396
13,396 Satisfied Customers
Experience: Significant experience in all areas of employment law.

Patrick, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
CIVIL - EEOC - Discrimination, Retaliation, Wrongful
CIVIL - EEOC - Discrimination, Retaliation, Wrongful Termination... How to WRITE/WORD the petition to the court for:One of the retaliations = Suspension without warning of the use of vacation time Jul… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have submitted two fmla filled out by 2sets of doctors one
I have submitted two fmla filled out by 2sets of doctors one my cancer specialist and one my GP. My head of HR set the "condition does not merit an Intermittent FMLA althought both set of doctors requ… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,396 satisfied customers
I was on FMLA. My position with the company was considered
I was on FMLA. My position with the company was considered critical so four weeks out they hired the PRN person to do my job. I returned to work after 8 weeks. Now I am having to train my replacement … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Out on fmla, my manager, hr department and payroll
Out on fmla, my manager, hr department and payroll department are not responding to my requests to view my time off accrual reports. My paychecks have been incorrect and I've asked to review my accrue… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I feel I was terminated from my job due to retaliation from
Hello, my name is ***** ***** I feel I was terminated from my job due to retaliation from bringing forth my job concerns to the HR department. I was following the hospitals chain of command by speakin… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am being retaliated against with a company for turning
I am being retaliated against with a company for turning their recruiter in for sexual harassment and they withdrew their offer even though I have fulfilled my end of the offer. What can be done? … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,547 satisfied customers
This is about employment law. No, that is not necessary or
full time and our contract does include a non compete clause … read more
Damien Bosco
Damien Bosco
3,391 satisfied customers
Within the 300 days there is a LIST of RETALIATIONS, letters
within the 300 days there is a LIST of RETALIATIONS, letters that show the bogus HR process... I have all this in order BY DATE.... should I include all that info in the COMPLAINT or let the TAMU moro… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,396 satisfied customers
I will skip the entire story of discrimination, retaliation,
I will skip the entire story of discrimination, retaliation, and coercion by both my University Human Resources Department and my own Union Director (who did not read the fine print and refused to dis… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
When I filed for FMLA leave i was charged with being AWOL
When I filed for FMLA leave i was charged with being AWOL and threaten and laughed at by my immediate Supervisor's Supervisor . I don't feel as thou the fact I have a disability and difficulties with … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,396 satisfied customers
If there were many items of retaliation within the 300 days
If there were many items of retaliation within the 300 days - do I list everything by DATE of occurrence or ...? I guess, give Me an idea of exactly what the LAW views as "retaliation"?… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
I am the victim of retaliation in my job and have been
I am the victim of retaliation in my job and have been demoted in title, but not in pay. HR claims that it is not a demotion because my pay has remained the same. … read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
In a US District Court complaint are thier any retaliation
In a US District Court complaint are thier any retaliation laws or acts that could be used In a retaliation lawsuit against a state that would overcome a claim of state soveirgn immunity by that state… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
In a wrongful termination in retaliation complaint, all I
In a wrongful termination in retaliation complaint, all I have to do is show facts that show all elements of wrongful termination, correct? Thanks.… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,396 satisfied customers
Is it a violation of FMLA if the employer knew that an
Is it a violation of FMLA if the employer knew that an employee had a serious health issue and fired that employee, when 12 weeks of FMLA could have resolved the issue. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I submitted FMLA paperwork for reinstatement of my FMLA and
I submitted FMLA paperwork for reinstatement of my FMLA and it's been 8 days. I haven't received approval, denial or a request for more information. How long do I have to wait for an answer either way… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
This concerns FMLA; the use of FMLA is limited as I
This concerns FMLA; the use of FMLA is limited as I understand it. However, can you give credence to whether an employee can use FMLA in conjunction with a previously scheduled vacation out of country… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
After retaliation for FMLA filing, company holding my
After retaliation for FMLA filing, company holding my personal effects to get my company cell phone passcode. I don't want them reading my texts. What to do? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x