Are we obligated to bring employee back to work after a leave of absence (birth of child)
System
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A new employee left to have a baby and took a leave of absence. She did not have enough time with our compnay to be eligible for FMLA. Our state does not have laws regarding the return to a position if you take a leave of absence due to a birth of a child.
Before the employee left, the director of that department indicated to her that there would be no problem bringing her back to work once her leave ended. However, due to budget constraints and issues, we want to eliminate that position. She was the first person in this position and the position can not be justified based on revenues the department.
Do we have to bring the employee back? Is there an implied contract, etc. based upon what the Director stated to the employee?
Before the employee left, the director of that department indicated to her that there would be no problem bringing her back to work once her leave ended. However, due to budget constraints and issues, we want to eliminate that position. She was the first person in this position and the position can not be justified based on revenues the department.
Do we have to bring the employee back? Is there an implied contract, etc. based upon what the Director stated to the employee?
Comments
If it was me (and not in writing), I might go ahead and term anyway. If you have plenty of evidence that the termination is due to business conditions and not the pregnancy, you are probably ok.
Good luck!
Nae
Tie this in with your At-Will statement.
Ours is something like: This at-will relationship cannot be modified or changed during your employment except by specific written agreement between you and the Company, signed by the President / Chief Executive Officer.