Affected by RIFF while on FMLA

[affectedbyriff]

What is the name of your state (only U.S. law)? CA

Hello, I was out on a 6-week Family Medical Leave of Absence (FMLA) and my employer had a reorganization. As part of the reorganization, while on FMLA I was notified that I will be reporting to a new business unit (new manager). However, in couple of weeks since this notification I was called and informed that am no longer required as part of the new business unit. There were several others who got affected by the RIFF.

My questions are:
1. If am on FMLA, can my current manager change my business unit (and reporting structure).
2. I had Restricted Stock Units (RSU) that were not vested. I looked at the Separation Letter and the RSU agreement. It does not explicitly state what happens to the unvested RSU's in case of a RIFF. The employer however indicated (verbally) that I loose all the unvested RSU's. Is there any law or room of negotiation for the accelerating the unvested RSUs?
3. 3-weeks since the RIFF, I see a job opening on the employer website from the business unit (that terminated my job). There is a 75% match for the job profile posted vs. my job skill sets. I would want to apply for that job - how can I approach this situation with my ex-employer?

Thank-you for reading and providing your feedback.

 

[cbg]

FMLA only protects you from being termed, demoted etc. BECAUSE you took FMLA. It does not protect you from actions that would have taken place regardless of whether you took FMLA or not; nor does it require your employer to put all business restructurings on hold waiting on your return. Therefore, the answers to your questions are:

1.) Yes.
2.) That's between you and your employer.
3.) The same way any other person would approach them to apply for the job. How does the posting say to apply? Whatever it says, that's what you do.

 

[commentator]

Once you are fully released by your doctor to return to work, and there is no work available for you, you should immediately file a claim for unemployment benefits while looking for another job. This is your recourse in this situation. A Reduction In Force F(?) means they were the ones who let you go due to their business situation, you were not let go for cause, and thus should qualify for unemployment.

It happens all the time that people are laid off during FMLA, and as has been said, unless it can be shown that the layoff was specifically directed at you and was because you took FMLA, there's very little you can do. If other people were being laid off at the time, and were affected by the RIF, the chances are wonderful they can justify the actions they made and changes by saying they were restructuring to better meet the needs of the business.