California | Medical Leave
5/28/09, 8:10 pm
Legal Question
Terminated but position still vacant - reinstatement mandatory?
I used my entire 12 weeks of leave while recovering from neck surgery. My employer sent me a letter of termination effective December 15, 2008. In that letter I was told I would be reconsidered for my position if it was still vacant. In February 2009, I was cleared to go back to work. I checked with my employer and my old position still had not been filled. I applied but received a notice that I was not qualified for the exact same position that I had worked in for over 13 years. Do I have any right to reinstatement if my former position is vacant and/or if a similar position is vacant?
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