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My mother was recently let go while she was on FMLA. She had filed for exactly 12 weeks of leave. According to her employer she was let go because the company has lost business causing them to lay off employees. This is a union job and former coworkers have informed her that they are only firing the women, but there are some women with less senority than her that are still employed. Does she have a case?
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She is protected against retaliation under the FMLA. Therefore, the employer in this situation would have to justify and establish why she was laid off, especially if the company did not go in order of seniority. If the company was targetting female employees, that would also violate the law.
She should speak to an attorney to further explain her case
Answered on May 12th, 2014 at 10:04 AM