Terminated while on leave

[Triana]

I work for a publicly traded company (really pretty big) and one month before returning to work from Maternity leave, I am told that my position is not available and after analyzing the Florida office, there is really no opening for me. The company has offered me a 3 month severance package. I have not agreed to anything, however the HR Dept. sent me a package outlining the severance and including contractual information as to my agreement to not litigate in the future for this termination. At this point I feel like I am against the wall...if I demand a job, I am not guaranteed that I will not be fired in 2 months, however I also don't believe that 3 months is enough...In your opinion what is an acceptable compromise if any.

Thanks!!!

[LConnell]

There is no standard for severance. In fact (and this is unfortunate) more and more companies are offering no severance at all.

As you probably are aware, it is illegal to refuse employment to an employee returning from an FMLA, unless the job has been eliminated as a business measure. Another issue is that if you were singled out because of your pregnancy. If your job was the only one eliminated among several people in similar job classifications who were also on leave, it could possibly be seen as discriminatory.

If the conditions described in the last paragraph do not apply to you, then I would suggest that you need to seriously take the severance being offered to you.

[Triana]

Thank you for the prompt reply. I was told I HAD to be replaced for business reasons, however there is currently a temp filling it (it has NOT been eliminated) and HR told me there is NOTHING else within the company for me. Can they get away with this? I feel like I am being given 3 months to go away.

[LConnell]

As probably stated in the severance letter, you have a limited period of time before the severance offer is withdrawn. So, you really should try to get to an attorney if you are uncomfortable with their offer. It is not possible for me to say whether their reasons for the job elimination are valid or not. If yours is the only position eliminated, then it may add credence that you are being singled out. However, if there are cuts across the company, then it may not be singling you out. If they are retaining others with less experience, etc., then that may be a factor in your favor. There are so many variables that I don't feel comfortable in recommended course of action for you.