California  |  Medical Leave

Legal Question

Asked on: 3/06/08, 11:46 pm

Laid off while on intermittent family leave

I was recently laid off while on intermittent family leave. My father suffered a severe stroke to his spinal cord. I was told my position was eliminated as the company ''right sized'' the organization and consalidating two offices. However, the question I have is, there are two of my position. One person still remains in the same position at the office within the same area. By law, should I have been laid off? My family leave rarely interferred with work. I would take 1-2 days per month on average, most of the time making up my time and / or maintaining the same workload. I took 2 family leave days in February, just 2 weeks prior to being laid off. When I was being laid off, I asked about how this could happen while being on FMLA. The HR person stumbled over their words and said they didn't realize I was still on leave, but it didn't matter since my position was eliminated. Was I wrongfully terminated?

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