job forcing me to resign after delivery!

[trac027]

i delivered a baby in july and i took my leave and extended leave thru the labor law. now i tried to go back to work and they are trying to place me at a place way to far from my house and i said i need to be closer they said either take the position or you have to resign. they say they have no place for me close to home, but they do.. it is listed on our current job openings. i took them to the labor board with my pregnacy for pregnancy discrimination and they had to comply, now they are trying to get rid of me, i am a lab tech for a lab, so they contract me as a phlebotomist out to a office, so they have to capability to put me close to home not an hour and half away but they wont.... they said i have to come in and sign papers to resign. what to do???

[LConnell]

Since your leave went beyond the time limit for FMLA or state law, you do not have a legal recourse to force a reassignment closer to your home.

[trac027]

my leave only went to FMLA limit the 3 months after

[LConnell]

Then your employer does not have to return you to work at all. The only exception may be if they treat others differently than they treated you. If that is the case, it could be discrimination.

[trac027]

well my FLMA expired on nov 28th and they havent accepted me back to work, they said either drive an hour and half from my house or come sign the paper to resign. they have me on leave without pay!! and wont let me come back unless i accpet this location to far from me!!

[LConnell]

It seems that your only choice is to accept the job or resign. You don't have any other options, from a legal standpoint.