If I believe I’m loosing my job tomorrow because they put my job on a website, is it legal for them to fire you with a workers comp claim and FMLA claim?

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If I believe I’m loosing my job tomorrow because they put my job on a website, is it legal for them to fire you with a workers comp claim and FMLA claim?

The ownership of practice switched hands with 1 of the dentists but 2 of them are still the same.

Asked on September 7, 2015 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

A worker's compensation claim has nothing to do termination of employment other than that you cannot be fired in retaliation for having made a worker's comp claim. As for FMLA if you are validly/properly on FMLA, they have to take you back, when your leave is done, at a comparable not necessarily identical position. They may be able to terminate you do to some larger restructuring--e.g. if they are legitimately eliminating some positions, they don't have to specifically keep one open for you--but they can't simply replace you with another employee in the sense of having no comparable position for you when you return. They can temporarily fill your position while you are out, of course. 
Note, however, that FMLA only appplies if your employer has at least employees who work within a 75-mile radius. If your employer has less than that, you are not eligible for FMLA leave.


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