I had a stroke on 10/23, I applied for short term disability and was approved. On November 10th, I received a call from HR and the area mgr, they advised me that my position had been eliminated and that I would be offered a severance package after I got released to go back to work or used up the 25 weeks of short term . My short term ended 4/19 and then on 4/26 I had a conversation with HR in reference to the severance pkg.
Potentially. FMLA protections do not protect one if the position was legitimately eliminated. Of course, that is the million dollar question, did they eliminate the position due to a business need, or because they were retaliating against you for your disability? Might be worth a consultation with an employment law attorney in your area to discus in more depth.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
FMLA was handled properly by your previous employer based on what you provided. As mentioned, the question turns on when your job was eliminated, and was it solely eliminated or was it part of a company wide layoff? In addition if they are offering you severance after your short term disability is up, they will bring up the issue of a waiver of any claims in exchange for severance, unless your position has specific rights according to a CBA or some other collective employment document. This situation would require further analysis from a lawyer and a review of the severance and answers regarding the layoff. I would consult an employment attorney before signing any documentation accepting severance.
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