Forced to quit while on FMLA, what are my rights?
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Forced to quit while on FMLA, what are my rights?
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I'm currently on FMLA to take care of a seriously ill immediate family member. This is a large company I've worked at for many years. My FMLA is about to expire and I'm not able to return to my current FT position due to family members illness, but have requested the option to return to a different PT position anywhere in the company, even if that means a pay cut. I've asked about something part time before I went on FMLA and a few times during my FMLA. I'm continually told there isn't anything PT (and won't be in the near future), when I know for a fact there are PT positions (at a different location for less pay). But yet, they find/create PT positions for expectant mothers when they were FT and bring them back PT after they return from their FMLA). Are there different rules that apply to different situations?
I'm confused. Isn't the employer suppose to help find a comparable job? What defines comparable (only FT within your area and not PT somewhere else in the company at less pay)? I've asked about the PT positions I saw and I receive a song and dance. I'm not even sure if they will even fill my position when my FMLA ends.
My employer also accused me of doing something while on FMLA, which I didn't and I have proof and a witness. I've addressed this issue with HR and they still want to addres this as an issue and so I wonder if they are purposely trying to concoct something to scare me into not coming back so that I quit or so that I can't apply for any PT positions? I've also addressed that I feel like I'm being set up and cornered, what's going on, etc?...
Does anyone know if you feel like you're being forced and/or scared into quitting from false accusations, if you have any rights or if this would be considered "good cause" and be able to take legal action and/or claim unemployment?
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Mr.Samsa
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It sounds like you have a legitimate case against your employer for FMLA violations. You should consult a lawyer. |
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STEVEN F
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You are NOT being forced to quit. YOU stated you CAN'T return to a comparable job. PT is NEVER comparable to FT. They CAN allow you to take a non-comparable job if one is available and you qualify. They are NOT required to do so. Unless there are PUBLIC ads for part time positions, you CAN'T know there are any. |
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davidmi711
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They are required to allow you to return to your old job or a comparable job. If they do not have PT positions then you are out of luck. They are not required to allow you to pick a position.
If you are in an at will state, your claim of unlawful termination is a waste of time unless you can prove you were terminated because you were on FMLA. Since they have retained other employees that took FMLA you will have a difficult time doing so. |
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