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View Full Version : Legally Laid off - not terminated - but employer gave my job to someone else? MI


unemployed mom
11-07-2008, 08:05 AM
Hello,

Four and 1/2 years ago, Oct. 2oo3, I worked for a small (100 people or so) non-union manufacturing company. I had worked for them for about 8 years. The same day that I went into work telling everyone my exciting news of being pregnant with my first child, i was laid off right after I came back from from lunch. They said the reason was because my position was no longer needed at this branch due to a corporate merger of companies. (In essence it was a duplicate job that someone else in the new company at another location was already doing).

That afternoon I called two lawyers in the area and both told me that I really didn't have a case because it would be impossible to prove that in a "4 hour time span" that they assembled & conspired to lay me off just because I'm pregnant. So I dropped any idea of legal action.

Well, since then, I ran into an old co-worker that still works there and she recently informed me that they recreated my old position at this same location but they are calling it a different title now (expeditor) instead of (outside machine buyer assistant). She told me that she was promoted to the position and is doing exactly what I used to do.

Well, since I was laid off, not terminated, do I have any legal recourse? Aren't they suppose to call me back if my position becomes available again?
Is there a time limit for calling laid off employees back to work?

Also, to give you insight into the way this companies operates, it does not have any minorities employed at this location and only 6 women out of 100 (white) employees.

Thank you very much,
Unemployed mom in Michigan

cbg
11-07-2008, 08:12 AM
There is no law in any state requiring them to call back laid off employees before hiring from outside.

driftbuster
12-05-2008, 12:20 PM
they just did not want to deal with FMLA. these lawyers only want to take cases that they are sure to win( in a way I dont blame them) but it doesn't help us. to prove that this was done to avoid carrying your insurance, putting you on a leave of absence. from eliminating jobs to changing job descriptions. these employers dont even respect rights of reservists who have been called to active duty. unless you have a union with a good contract you have no protection in Michigan.

see if this helps
http://www.dol.gov/dol/topic/benefits-leave/fmla.htm

Betty3
12-05-2008, 05:22 PM
Since this happened 10-2003, it is too late to file a lawsuit even if you had a case.

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