I'm in a difficult situation and trying to figure out my next steps.
fired while on medical leave. I've been dealing with this for about 7 weeks now and the situation isn't improving.
I have worked at this company for 5 years. My position is exempt and I do not have a written employment agreement beyond the standard offer letter.
Am I overthinking this or is this a real legal issue worth pursuing?
NAL, but from what I've read, you should document everything. Take the above with a huge disclaimer that I'm just some person on the internet.
Currently on FMLA leave for surgery recovery. Three weeks in, my manager called to say my position is being "restructured" and I'll be terminated when my leave ends. They offered a severance package contingent on signing a full release.
Is this legal? I thought FMLA protected my job for 12 weeks.
FMLA requires your employer to restore you to the same or equivalent position when you return. However, there IS an exception: if your position would have been eliminated regardless of your leave (genuine restructuring/RIF), the employer may not be required to hold it.
The timing here is suspicious. Being "restructured" three weeks into FMLA leave raises a strong inference of retaliation. Key questions:
DO NOT sign the severance/release yet. You have 21 days (45 if over 40). Consult an employment attorney immediately — FMLA retaliation cases with this fact pattern often settle for significant amounts. The employer knows the timing looks bad.
Check if your state has a "one-party consent" rule for recording conversations. If so, start documenting everything in writing — follow up verbal conversations with a summary email saying "per our conversation today..."