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Is this legal?

abrazzabrazz member
in 3rd Trimester
A couple from the office DH used to work at before he moved here (he is still with the same company) just had a baby 2 days ago.  When she went on FMLA she got a call 2 days later saying she had been layed off due to cut backs.  Well her husband, who works for the same company, started 1 week of FMLA to stay home with her and their 3 other kids today.  He got a call at 5pm telling him he had been layed off!  I am floored.  It almost seems like they were being targeted!  I feel terrible for them.  I would be freaking out.   Is that legal?  I have heard if they completely eliminate your position they can do that, but there are other people in the office with the same title and positions as these two.  I don't want anyone to loose their jobs but for both of them to loose them and so close together, it just seems fishy.

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Re: Is this legal?

  • mimimoo09mimimoo09

    That is horrible. 

    BTW - its lose not loose.

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  • Twistedpixie7@aol.comTwistedpixie7@aol.com
    FMLA is supposed to protect your job.  That is the understanding that I had.
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  • SusieQ1982SusieQ1982
    They should probably be checking with a lawyer and not on a pregnancy message board.
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  • thetwistedwillowthetwistedwillow member
    My thought is that it is illegal. The FMLA is there to PROTECT families.
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  • skinnursemandeeskinnursemandee member
    They can't. They have to keep a comparable job with equal pay while on fmla. Unless they elimination that titled position entirely, they then have to offer a similar job with same pay.
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  • elliotandnicoleelliotandnicole member
    IDK much about this, but it doesn't sound right.  I agree that they need to speak with a lawyer. 
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  • JARbabyJARbaby member

    An employeer can lay off someone on FMLA if they are doing layoffs. Unless they can prove they would otherwise have retained their jobs had they not been out on medical leave they have not grounds.

    ...if an employer has a general layoff, and a number of people are affected, then pregnant employees or those on maternity leave are not exempt from the layoffs.
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  • JARbabyJARbaby member

    imagenjeosys:
    My thought is that it is illegal. The FMLA is there to PROTECT families.

    Yes and no. It is there to protect jobs, but if the job is eliminated during the course of leave then it is perfectly legal. 

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  • green beangreen bean
    did the company do layoffs to other people or just thouse two taking fmla? either way to layoff a couple that just had a baby is so messed up.
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  • bridgeybridebridgeybride
    Totally illegal.. tell them to talk to a lawyer.
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  • abrazzabrazz member

    There were 14 others who lost their jobs as well, so it wasn't just them.  They are going to meet with a lawyer on Monday.  Thanks for all the comments :)

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  • anakinanakin

    FMLA is to protect you from getting fired because you have a new family.  Being fired and being laid off are 2 completely separate things.

    It does suck, and someone at that company made a big mistake.  No matter what the real reason, it just looks like they were fired because they were on FMLA.

    Their lawyer will have a great time with this.

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  • rnbride18rnbride18
    I think that is illegal-maybe they should consult a lawyer
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  • meganekstrom@gmail.commeganekstrom@gmail.com

    My brain is telling me there is something fishy about it.  Were the other people who were laid off in the same dept?  If not, I'd be raising some eyebrows.  It does look like they are being laid off because they are on leave, but without knowing exactly what's going on, we really can't say.  We can only put it out there that it *looks* fishy, but can't say 100% either way.  I'm sure a lawyer will have fun with it though because of how it does look.

    My sympathies to the family.  That really blows!

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  • voelkelsvoelkels member
    imageJARbaby:

    An employeer can lay off someone on FMLA if they are doing layoffs. Unless they can prove they would otherwise have retained their jobs had they not been out on medical leave they have not grounds.

    ...if an employer has a general layoff, and anumber of people are affected, then pregnant employees or those onmaternity leave are not exempt from the layoffs.
    THIS! ? There is a false security in relying on FMLA.
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  • Andi98989Andi98989 member
    imageanakin:

    FMLA is to protect you from getting fired because you have a new family.  Being fired and being laid off are 2 completely separate things.

    This. 

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