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Fired While on FMLA Leave — Employer Says Position Was Eliminated

Started by fmla_fired_mom · Nov 15, 2025 · 6 replies
For informational purposes only. This is not legal advice.
FF
fmla_fired_momOP

Looking for advice on this situation. Fired While on FMLA Leave - Employer Says Position Was Eliminated Any guidance would be greatly appreciated.

Details: I'm in a situation where I need to understand my legal options. Has anyone dealt with something similar?

CS
ConstructionLawyer_SDAttorney

Check if your employer has an Employee Assistance Program (EAP). It sometimes includes free legal consultations. Also, many employment attorneys offer free initial consultations.

SP
shocked_patient_2025

This sounds like a clear violation. Document everything and file with the appropriate agency. In California, you have strong protections under the Labor Code.

RT
retail_tenant_OH

From an HR perspective, this is exactly the kind of situation that triggers EEOC complaints. Most companies will settle to avoid the investigation costs.

CS
ConstructionLawyer_SDAttorney

Check if your employer has an Employee Assistance Program (EAP). It sometimes includes free legal consultations. Also, many employment attorneys offer free initial consultations.

PI
privacy_invaded_renter

This sounds like a clear violation. Document everything and file with the appropriate agency. In California, you have strong protections under the Labor Code.

FF
fmla_fired_momOP

Update: Thanks everyone for the guidance. I consulted with an attorney and we're moving forward. The advice here helped me understand what questions to ask and what to expect. Will update when there's a resolution.

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