New York | Medical Leave
Legal Question
fmla question
I was laid off during my approved FMLA leave. They replaced my position soon after I went out and the Department Manager told me not to worry that they were trying to place that employee in another department so that I could have my job back. In the meantime I am out of a job because he has nowhere to go. My job would not have been eliminated before I went out, and if this other person had not been brought in I would have been able to return on the date my doctor had recommended. They brought him in not even a week after I left and there were no other layoffs other than mine in that department. Also, I was only out for a month. They are saying that this is not a violation because they do not have enough work for me to be brought back. But that is because they gave my position away. It seems unfair especially since I was verbally told not to worry that my job was safe. Please help thank you.


