Georgia  |  Medical Leave

Legal Question

Asked on: 3/17/09, 7:20 pm

Layoff after return from FMLA

I suffered a stroke event at work and was taken to the hospital via ambulance. I was hospitalized over night. My primary physician stated I could not return to work for a period of time. I was placed on FMLA and used accrued sick leave, which was not exhausted during this time of 3 weeks. One month after my return I was informed that I was being laid off due to a reduction in force. There were 4 persons laid off at that time. No other lay offs from my division have occurred and no furloughs in general have been imposed.

Is the Employer under any obligation to justify random layoffs when others in my same position were kept?

I feel that my medical history was the reason for choosing me and not my performance or strategic value to the company. The company is the Georgia Department of Revenue.

Is there any criterion that they have to show as to why one person was chosen over another?

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