Job discontinuation due to FMLA use
I have been working at the same company for 23 years with an exemplary record and evaluations. Since I began using intermittent FMLA, however, things have changed. I have been harassed by coworkers, subordinates, my boss, and HR due to this used. HR even told me that if he could he would fire me but it was against the law. My position is state certified and law requires me to have a four year degree. I recently found out that under the guise of a complete evaluation, HR and my boss intend to decertify my department and discontinue my position. Currently, he has me collecting data to prove this would save money, but my investigating has found this to be the opposite. First, can his discontinuation of my position be linked to all the documentation I have of his FMLA harassment? Also, can the position be discontinued and then another person hired and the position reinstated? Thank you
4 answers | asked Nov 23, 2010 9:01 PM [EST] | applies to Illinois
Answers (4)
posted by John Otto | Nov 24, 2010 10:10 AM [EST]
The issue is whether the position elimination is legitimate or just pretext for FMLA retaliation and interference. The statement by the HR person and the harassment may help to show that it is the latter.
Steve Glickman
312.960.9550
posted by Stephen Glickman | Nov 24, 2010 09:26 AM [EST]
If you have any questions, or if you would like to schedule a consultation, I may be reached at (312) 540-1230.
posted by Alejandro Caffarelli | Nov 24, 2010 08:21 AM [EST]
Of course there are always more facts that must be taken into consideration before a definite answer can be given.
However,
If you wish to discuss the matter, you can call me at 312.523.2168.
Sincerely,
Ryan Scott Nalley, Esq.
DISCLAIMER:
THIS DOES NOT CONSTITUTE LEGAL ADVICE OR ESTABLISH AN ATTORNEY CLIENT RELATIONSHIP
posted by Ryan Nalley | Nov 23, 2010 10:07 PM [EST]
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