Legal Question in Employment Law in California

While on FMLA there were layoffs at my company. on my first day back from Baby Bonding i was told that i had to go home becasue my position was displaces and that my severance pacakage had not come in yet. Was it legal for my old employer to do this???


Asked on 6/14/12, 7:10 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Yes, unless you can 'prove' your selection for elimination was 'discriminatory' based on your leave, or age, etc. FMLA leave does not insulate you from lay off. Simply imagine that you were not on leave and were laid off. Would you still think you had a claim? As long as others were laid off, you would have a tough time proving it is discrimination to also lay you off. If you think you can, then feel free to contact me.

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Answered on 6/14/12, 11:51 am


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