Legal Question in Employment Law in Kentucky

i was terminated from a job because my former employersaid i had used up my FMLA time due to a surgery. i do not kinow if this was the case. i attempted to return to work when DR had cleared me to return. i was stopped at the factory gate by the guard, and was told to call hr. the hr person told me to return home and wait to be contacted. i then was told i had been terminated. the company is now hiring for my former position. does the company have the obligtion to re-hire me, or interview me? i live in ky. the company is headquartered in michigan.

Asked on 4/02/13, 6:14 pm

1 Answer from Attorneys

Andrew Dutkanych Biesecker & Dutkanych

The employer should have provided you with notification of your rights and responsibilities while on FMLA. If it had, you would have had access to know whether you had exhausted your leave under the FMLA.

The Company is not obligated to re-hire or interview you for the open position; however, it also cannot discriminate against you. It would be hard to imagine a better qualified candidate than the person who just held it.

If you have additional questions, please feel free to contact me at [email protected] or at the number in my profile. We have attorneys at the firm in both Kentucky and Michigan.

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Answered on 4/03/13, 12:42 pm

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