My boss wanted to talk to me in private to give me my annual bonus and raise. The raise wasn't bad, but didn't keep up with inflation (5%). However, I became concerned when he casually mentioned that there may be layoffs in the next couple months and that it was a good thing I delayed my FMLA leave of absence so I wouldn't be out when the layoffs come. He then told me it would be a good idea to delay my leave for the next few months “to be safe.”
Is this illegal? I got a glowing review, I'm always busy, and have outstanding performance. The company is targeting people who are on Awaiting Assignment (overhead) for the layoff. Could I really be caught up in the layoff if I'm out on leave?
I'm taking FMLA unpaid leave for 3 months. It kept getting pushed back (twice now), but I'm pretty sure the next time I will actually take it. Did my boss just give me a reason to sue the company if I am laid off? My understanding of the law is that they can only lay you off during FMLA leave if they can prove I would have been laid off anyway. I don't think they can prove this in court, that I “would have been laid off anyway,” considering my positive performance review and outstanding raise percentage, which exceeds the average this year (3%). Should I sue them if I get laid off or just take it on the chin?
I already sent a recollection of the conversation to my attorney, sent from my work email, literally 15 minutes after I got back to my desk after receiving my raise. I know these recollection emails are admissible in court. I sent it from my work email so that if there is any doubt as to its authenticity I can request a copy of it in discovery. Sorry if this comes across as paranoid, but this employer deserves it and has a reputation for dishonesty. This is a large corporation, so they are not going to be snooping around in my email like a mom-and-pop shop would.
My boss probably has good intentions, but I don't trust upper management at all. I feel like he gave me the keys to the castle if I do decide to sue for wrongful termination in the worst case scenario.
I have not been notified that I'm being laid off, and I'm not currently at any risk of being laid off. My boss just feels I may be at risk of a layoff if I take FMLA leave.