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Wk 5 Post-Op & Job Position Eliminated Wk 5 Post-Op & Job Position Eliminated

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Unread 01-20-2008, 06:39 PM
Wk 5 Post-Op & Job Position Eliminated

If this non profit depends on private donations they would not want the community to find out how they treat their employees when they are down. Call an attorney, you are being given a raw deal, and you need help. This non profit would not want this story to make your local paper it would certainly hurt their next fundraiser. So use that to your advantage.
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Unread 01-20-2008, 08:54 PM
Wk 5 Post-Op & Job Position Eliminated

Thank you, I will do that.
Unread 01-20-2008, 09:25 PM
Wk 5 Post-Op & Job Position Eliminated

I wanted to share a site with you that maybe helpful. You had to be notified before you went on leave that you were a Key Employee, here is a part of the site that you may want to visit "(a) An employer who believes that reinstatement may be denied to a key employee, must give written notice to the employee at the time the employee gives notice of the need for FMLA leave (or when FMLA leave commences, if earlier) that he or she qualifies as a key employee. At the same time, the employer must also fully inform the employee of the potential consequences with respect to reinstatement and maintenance of health benefits if the employer should determine that substantial and grievous economic injury to the employer's operations will result if the employee is reinstated from FMLA leave. If such notice cannot be given immediately because of the need to determine whether the employee is a key employee, it shall be given as soon as practicable after being notified of a need for leave (or the commencement of leave, if earlier).
It is expected that in most circumstances there will be no desire that
an employee be denied restoration after FMLA leave and, therefore, there
would be no need to provide such notice. However, an employer who fails
to provide such timely notice will lose its right to deny restoration
even if substantial and grievous economic injury will result from
reinstatement. Of course state rules may also apply but here is the site http://www.dol.gov/dol/allcfr/ESA/Ti...CFR825.219.htm hope you can get everything worked out.
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Unread 01-21-2008, 05:11 AM
Wk 5 Post-Op & Job Position Eliminated

Thank you. Having support is so important. After mustering up some courage to fire back - nicely - they have extended the dismisal date and moved out the severence by four weeks. They also told me that I could make a counter proposal to theirs. I've never heard of debating a "pink slip" but that's what they seem to want. Beyond all of this, I really don't know how I could continue working there, even if that were within my rights or if they changed their minds. The idea of going back to such a mess makes me nauseous.
Unread 01-21-2008, 06:07 AM
Wk 5 Post-Op & Job Position Eliminated

I also work for a small non-profit and over the summer our Finance Director took FMLA (maternity) and I was given the paperwork for "just in case" with my LAVH - both of us are the only ones that do our jobs (I am the Marketing & Development Director) and are Upper Management.

I would consult an attorney - one that specializes in labor or human resources!
Unread 01-21-2008, 10:44 PM
Wk 5 Post-Op & Job Position Eliminated

I am not an authority on FMLA and I am not attempting to provide any direction...

However, I have been an Operations/HR/Manager for the past 20 years and I do know that you are not eligible for FMLA unless your employer has 50+ employees. If your company has 50+ employees, you are entitled to federal job protection for up to 12 weeks. All that means is your employer cannot eliminate your position or make you pay for your medical expenses, while you are on medical leave.

If you cannot return to work within 12 weeks, your employeer has no obligation to hold your position. Additionally, there are not required by law to contribute or pay your future medical expenses.

If you can return to work, your employeer is not required to reinstate your position. All they have to do is provide a "like positon". No one has job protection (with the exception of FMLA) and all indiviudals are subject to "terminate at will", based on individual state law.

If I was on medical leave and covered by FMLA, I would ask for further clarification on what "reduction in force" means, i.e., how many others were terminated, do this effect individuals in management? Just a couple of examples.

If I was on medical leave and not covered by FMLA, I'd be asking lots of questions (see above and many more). Furthermore, most severence agreements come with "time" stipulations, meaing you must sign within 5 business days. If so, take a couple of minutes and consult an attorney. They will tell you if you have a grounds for "wrongful termination".

If you don't have grounds for a wrongful termination, you may want to use a couple of things for leverage. Good luck and remember to document everything...You may need it later.

Unread 01-22-2008, 06:38 AM
Wk 5 Post-Op & Job Position Eliminated

Your post is what my research seems to say, so I appreciate the confirmation from experience. My employer has moved out the time stipulation of my severance agreement so that I can sign after my next doctor's visit. Hopefully I will have a new job by then and this will all seem like a blessing.

Thank you...

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