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The company has more than 50 employers and as far as FMLA, in my former employers handbook they did not put that I had to work their for a certain amount of time for me to be covered. HR even highlighted it stating that I didn't have to be a certain amount of time. A month ago my boss gave me 3 options-stay in my position, go work in the other office with less hours, or become a Service Advisor. I chose Service Advisor because its more money. He said great, let me find you a spot. Well, after emailing him and emailing him he finally answered and said he didn't have a spot and wouldn't for a couple of more months. I said ok. Then a few weeks after that, I emailed saying when can I come back to work to do my current position until my other position became open. That is when he said he no longer needs me. Everyone I've talked to as well as my mom said he can not let me go. I'm so frustrated over this. I can't get unemployment until May 2012!
The company has more than 50 employers and as far as FMLA, in my former employers handbook they did not put that I had to work their for a certain amount of time for me to be covered. HR even highlighted it stating that I didn't have to be a certain amount of time. A month ago my boss gave me 3 options-stay in my position, go work in the other office with less hours, or become a Service Advisor. I chose Service Advisor because its more money. He said great, let me find you a spot. Well, after emailing him and emailing him he finally answered and said he didn't have a spot and wouldn't for a couple of more months. I said ok. Then a few weeks after that, I emailed saying when can I come back to work to do my current position until my other position became open. That is when he said he no longer needs me. Everyone I've talked to as well as my mom said he can not let me go. I'm so frustrated over this. I can't get unemployment until May 2012!
The company has more than 50 employers and as far as FMLA, in my former employers handbook they did not put that I had to work their for a certain amount of time for me to be covered. HR even highlighted it stating that I didn't have to be a certain amount of time. A month ago my boss gave me 3 options-stay in my position, go work in the other office with less hours, or become a Service Advisor. I chose Service Advisor because its more money. He said great, let me find you a spot. Well, after emailing him and emailing him he finally answered and said he didn't have a spot and wouldn't for a couple of more months. I said ok. Then a few weeks after that, I emailed saying when can I come back to work to do my current position until my other position became open. That is when he said he no longer needs me. Everyone I've talked to as well as my mom said he can not let me go. I'm so frustrated over this. I can't get unemployment until May 2012!
Under FMLA the employer HAS to restore you to your former position or an equivalent. I'd speak with an employment attorney if I were you.
<LI class=MsoNormal>(a) RESTORATION TO POSITION.--
(1) IN GENERAL.--Except as provided in subsection (b), any eligible employee who takes leave under section 102 for the intended purpose of the leave shall be entitled, on return from such leave--
(A) to be restored by the employer to the position of employment held by the employee when the leave commenced; or
(B) to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment
I agree you probably need to go see an attorney and find out what your rights actually are. The fact that (it sounds like) you didn't meet the FMLA criteria for time worked, even if your handbook said something differently, might be an issue. The fact that you told the boss you didn't want the same job back and would take a different job that doesn't currently have an opening might be an issue, and the fact that Idaho is a right to work state might be an issue.
I can't imagine they would be required to give you your same old job back when you told them you wanted to move to a different department. They would have then filled that job since you weren't coming back to it. Of course they don't need you there anymore. The question is, are they obligated to give you a job as a Service Advisor, as agreed to when you left. You need an attorney to tell you that.
One other question. From your wording, it is unclear whether the boss was just saying they didn't have a spot for you in the office (which they wouldn't, since you weren't coming back there according to your agreement, so they hired someone else), or whether they no longer needed you at all and wouldn't be giving you a spot as a Service Advisor. Are you sure you aren't misreading it and you still have a spot as a Service Advisor coming up soon? I'm not saying they are in the right to make you wait, but usually there are also "reasonable" time limits for these things. Like "Within 30 days after getting notice you are ready to come back to work, the employer is required to make your prior position or an equivalent position available to you". Or there are requirements that you have to tell them ahead of time how long you are going to be gone. Go talk to a lawyer.
And why wouldn't you get unemployment until next year?
Ok, so for the last 2 months I have been on maternity leave. A month ago I was emailing my boss asking when I could come back. The reason I asked is because of the other girl I shared an office with suddenly turned on me and didn't want me working with her. Well, I finally heard back from him and he tells me I no longer work there. Can someone please let me know if this is possible due to FMLA? Now I'm unemployed with 2 kids, my other half left me, and no unemployment. Please help! I'm in deseperate need of some advice!
under FMLA you are guaranteed your position and pay rate when you return for at least 3 weeks I believe...the three weeks is a protection from layoff.
That is to say if you followed applying for FMLA properly.. if you didn't file the right paperwork before your leave.. you're SOL...
So is there any documentation to verify any of these agreements between you and your employer or is this all/mostly oral communication and agreements?
I get the impression that you equate what you thought they would do with what they are legally bound to do though it's not like the latter matters as self-interested businesspeople often know their legal obligations and ignore them in overreaching their employees.
I further doubt that any legal obligations on their part matter becuase (1) they don't seem to want to fulfill them, (2) you would probably need legal representation to try to get them to fulfill them, (3) even if you did somehow compel your former employer to again employ you, your relationship with that employer would probably be an abrasive one. That is to say, would you really want to work for them again if you think they dishonored whatever agreement you think you had with them?
If you really want to take action, gather your facts and all documents and see an atty hopefully through pro bono legal advice. Try to do it quietly... don't tell your former employer what you're doing. The last thing they want is to re/hire a beligerent employee.
If I were you, I wouldn't approach your former employer like they owe you something but more like a former employee who would be happy to work for them again. If they don't employ you, look elsewhere.
sjnative-your thoughts are spot-on. Remember, if you think something (like the belligerent feelings one would have towards an employer that is abandoning them) and they feel like you'll be bringing those thoughts back to work with you, they'll take whatever legal means they need to take and they won't take you back.
Go see a labor lawyer pro-bono but I would really start looking for work somewhere else...I think this job of yours has turned forever to that job of yours that you used to have.
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