Q: I'm out under FMLA leave. My employer advertised for my position and replaced me while out. What can I do?
I left under Family Medical Leave Act and also was awarded short term disability. In the first few weeks of being out, I noticed they advertised for my position on Monster.com and then hired someone else. I'm in outside sales and cover a Northern Arizona Territory. I've been told by other employees at my store this new guy has my company truck and is covering my territory. RSC assures me my position is still there for when I return but that is not what I am hearing from others. Do I have any legal recourse in this matter?
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.