Mark & Galusha, LLC, Employment Attorneys, Perth Amboy and New Brunswick, Middlesex County.
A New Jersey woman did what many women do after their pregnancies, she took advantage of the Family and Medical Leave Act (FMLA), which provides employees with additional time away from work in order to attend the medical needs of themselves or their families. The Family and Medical Leave Act applies to any employee of a company with 50 or more employees and provides those individuals who qualify with 12 weeks of time off. Upon return to work, it is expressly understood that anyone who uses their Family and Medical Leave benefits will return to their position, provided that the position still exists. If the position no longer exists when the employee is ready to return, the company must find an similar position.
Ms. Lapidoth left Telcordia Technologies in June 2005. Telcordia confirmed their approval of her leave of absence via FMLA, by letter, which outlined the company's policy regarding maternity leave indicating that Ms. Lapidoth's position would be reinstated up to 12 months to the "same or comparable job." If her position was declared to be surplus or if Ms. Lapidoth requested different hours, she would not be entitled to return to the same position.
In January 2006, Ms. Lapidoth again took leave under the Family Medical Leave Act and this request for leave was once again approved in writing. However, the next month, Telcordia reorganized and decided that her part-time position required full-time attention. Ms. Lapidoth's substitute filled the full-time role.
In June 2006, Ms. Lapidoth informed Telcordia that she had intended to return to work in July 2006. Ms. Lapidoth even advised that she was willing to work the full-time hours now associated with her position. As opposed to approving her return from Family Medical Leave, Telcordia decided to review the annual performance reviews of her and her substitute to determine who would serve under that position. Telcordia decided to hire her substitute and as there were no other positions available for Ms. Lapidoth, they fired her.
New Jersey is an "at-will employment" State. This means that without a written employment contract, all companies and their employees are subject to the terms of "at-will" employment. An employee can leave a place of employment without notice or reason and alternatively, an employee can be terminated without notice or reason. Telcordia had employment contracts which expressly stated their "at-will" policy which prevented employees from claiming any contractual rights. Not only did they distribute hard copies to all employees on an annual basis but their website also outlined their "at-will" policy.
Ms. Lapidoth sued Telcordia for violation of the Family and Medical Leave Act and for breaching a contract which promised her the right to return to work. The trial court found that Telcordia provided a clear disclaimer which specifically advised all employees that their employment was "at-will." In addition, as Ms. Lapidoth took more than the 12 weeks afforded under the FMLA, Telcordia was not in violation of same.
Still, Telcordia did send letters to Ms. Lapidoth approving her leave. These letters promised Ms. Lapidoth that she could return to her position unless her position was considered surplus and then removed, or if Ms. Lapidoth requested to work different hours. In June 2005, the position was still available and the full-time hours now required for the position were agreeable to Ms. Lapidoth. At no point did Telcordia advise Ms. Lapidoth that she would be in competition for her position when she was ready to return to work.
As a result, the Court found that while Telcordia did not violate the terms of the Family Medical Leave Act, they did breach a contract. Despite the "at-will" status quo throughout the State, this does not preclude employers from creating their own contracts between themselves and employees. Essentially, the letters written to Ms. Lapidoth were an extension of her contract with Telcordia and those letters promised to reinstate her after her leave. Moreso, Telcordia had previously approved Ms. Lapidoth to take nine leaves of absences and allowed her to return each time. It was clear that Ms. Lapidoth could reasonably expect to return to work after the last leave.
If you feel that you are the victim of discrimination under the FMLA, please contact Mark & Galusha, LLC at (908) 626-1001 or 973-440-2311, or simply tell us your story by clicking the "contact us" page. Mark & Galusha, LLC, are civil rights attorneys who handle employment matters in Perth Amboy and New Brunswick and all other municipalities in Middlesex County, New Jersey.
