Safety Harbor, FL asked in Employment Law for Florida

Q: Can you be transferred to a new position without notice while on leave,then terminated without notice for not working?

I loss my child unexpectedly/tragically and was on leave. I was told my status was going to be changed to prn so I could come back whenever I wanted. Then I was transferred to another department without notice and eventually sent a letter by the new manager that I was terminated for not being available to work. I was unaware of any changes because I was on leave and nobody ever reached out to me and told me. I never signed any transfer agreements or was told any changes were happening. I was advised my job was secure and safe until I was ready to return

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1 Lawyer Answer
Ashley Ann Krapacs
Ashley Ann Krapacs
Answered
  • Fort Lauderdale, FL
  • Licensed in Florida

A: I'm so sorry you're going through this. Have you spoken with your employer to see if you could have your old position back?

It sounds like you may have a claim under the Family & Medical Leave Act, which provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. To be eligible, you have to have worked at the company for at least a year, and the company has to have at least 50 employees at the location where you worked. You should contact an attorney to know for certain if you have a valid case.

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