Flagstaff, AZ asked in Employment Law for Arizona

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?

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1 Lawyer Answer
Stephen F. Banta
Stephen F. Banta
  • Scottsdale, AZ
  • Licensed in Arizona

A: Until you go back to work and find out whether you still have your position there is no legal claim. If you find at that point that you have truly lost your position, consult an employment attorney.

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