Legal Question in Medical Leave in Georgia

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?

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

1 Answer from Attorneys

Gregory Fidlon Law Offices of Gregory R. Fidlon, P.C.

Re: Layoff after return from FMLA

You can bring a claim under the theory that the layoff decision was made in retaliation for your having taken FMLA leave. In response, the employer will likely claim that it would have made the same decision regardless of whether you took FMLA leave. It will be your burden to disprove this and show that the true reason why you were selected over others was because of your medical condition and/or your use of FMLA leave. In the process, the employer will be forced to justify why it selected you over the other employees. I would be happy to discuss this further and explain your options. If you would call or email me using the information in my profile below, I will give you a free consultation by phone.

This response is for informational purposes only and does not create an attorney-client relationship.

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Answered on 3/17/09, 11:37 pm

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