I have been off on recognized FMLA. I am returning to work and was told that my position was eleminated prior to my return, they then offered me pay for 1 month w/o returning to work because I will be laid off at the end of the year. My question is can they eleminate my position. The employer is aware that I am filing a harassment suit against them. There are also other positions w/n the company that I do qualify for
1 Answer from Attorneys
Your position can be eliminated for non-discriminatory reasons; however, that is a fact intensive inquiry that may have to litigated in a court of law or administrative agency.