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Boss told me to delay my FMLA “to be safe” from layoffs next month. Illegal?

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…


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.

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