I have a question that I am asking for my best friend. We both work for a large company, and she worked untill 2 weeks before she was due, and now her son is 2 weeks old. Our store that we were employed at has closed and they laid us all off stating that there was no room for any of us. Since she is on FMLA isn't her job protected? Before she left on leave, the shut down another store in our area and transfered a few people around, one of them having the same position as her. Knowing that she was about to go on leave shouldn't they have kept that position open for her return? The reason I am asking is because we were offered a severance package, and I know if she signs that paper, she waives all her rights to sue the company.

FMLA does not protect her from a termination that would have happened anyway, only from a termination that is related to her having taken FMLA. She is not guaranteed a position when no one else is.