I went over my 12 wk. not knowing my job was in jepordy. received a letter stating that even though I am on approved medical leave my job may not be there when I return though they knew and have documented my return date they restructured my territory and I talked to my zone mgr. and she said my job was filled there were letters sent out a few months ago about my zone mgr that she has cancer and how the company was going to work with her to be able to keep her job because she was going to be going through alot and also got a letter about sending money to her to go toward a gift or house keeping while she was sick. Also another girl went over her 12 weeks and she was able to keep her job. It seems to me to be discrimination also both of those people are caucation and the people that they gave my terr. to are white caucation males. And I am an hispanic female.
2 Answers from Attorneys
I would love to help you with this. You will definitely want to get an attorney.
Feel free to contact me for a free consultation. Please send me a complete list of facts so that I can identify the legal issues.
Look forward to hearing from you.
I do not have enough expertise to be helpful, however, I consulted with an excellent employee rights attorney (Nancy Grim in Kent, 330.678.6595) and she suggests the following:
As the writer seems to understand, after 12 weeks she has no further protection under FMLA. The employer does not have to reinstate her to work. However, the facts she describes suggest discrimination based on national origin /or race /or color.
She should consult an attorney who can look at her case in detail. Or, she can file a claim with the EEOC (Equal Employment Opportunity Commission) or OCRC (Ohio Civil Rights Commission). One factor will be whether she will be medically able to return to her work in the near future.