Returned to work after 12 week FMLA to find job given to coworker. Informed of lay-off. Is this legal?

Asked over 1 year ago - Austin, TX

I returned from FMLA/maternity leave to find that my job had been given to the individual backing me up. Upon talking to my manager, he informed me that I needed to start looking for different employment because I'm going to be laid off (HR would contact me with exact details of my layoff in 2-3 weeks of him informing me and that he was doing me a favor but pre-informing me). I work in a large tech firm with a 1000+ employees. as far as I can tell, 2-3 additional individuals were also asked to start seeking different employment and the manager has decided to leave the company as well with the team getting restructured. What rights or protections do I have in this case?

Attorney answers (1)

  1. David C. Holmes

    Contributor Level 13


    Lawyer agrees


    Answered . This isn't automatically illegal. The fact that you took FMLA/maternity leave does not prevent your employer from laying you off. Instead, you would need to show that the company picked you out to be laid off because of your FMLA leave or pregnancy.

    When you returned, did your employer restore you to an equivalent position? Are there indications that you were singled out to be laid off? What is the team restructuring that you are talking about? These are all questions that you need to work through with an employment lawyer.

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