Legal Question in Medical Leave in Indiana

Equivalent Position Discrimination

After returning to work after my maternity leave (9 weeks), I was terminated by the company only three weeks after my return. I was told that the reason for termination was poor attitude;however, I have worked for the company 6 years. Prior to my leaving for maternity leave I was promoted to Manager and given a substantial increase. Upon my return, my position was replaced and I was placed in a clerical position. Under FMLA, can I pursue legal action.

Is this discrimination and if so, what legal action would you recommend?

How do I file a claim under FMLA guide lines?


Asked on 1/26/98, 4:25 pm

1 Answer from Attorneys
Luther Sutter Harrill & Sutter

Seems like a case to me

Assuming you had no performance problems before, it seems like you have a good FMLA or Preg. Discrm. case. Contact a lawyer and file a charge with the EEOC immediately

FMLA applies to 50 employees within a 75 mile radius. If this criteria is satisfied, you may be entited to federal FMLA leave. I am not licensed in your state yet. So, I can't advise you on any state claims you may have. Contact a lawyer immediately. If you have trouble finding one, just yell. Of course, in order to receive legal advice you can use, you should have a personal interview with a lawyer. The comments I have made are general and may or may not apply to your situation.

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Answered on 1/27/98, 8:05 pm


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