Thread regarding Wells Fargo & Co. layoffs

FMLA and Layoffs

Question: can they lay off individuals on FMLA? I am remote, therefore on the chopping block, but need a medical procedure and would like to understand if I need to worry about this.

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| 1501 views | | 22 replies (last July 30, 2024) | Reply
Post ID: @OP+1sX8qnp2

22 replies (most recent on top)

You people are just disgusting, leaving your families just to go to work. Unbelievable

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Post ID: @Ofrl+1sX8qnp2

While they can lay you off and FMLA will not protect you. They are targeting employees that have FMLA. If they can't find a legit reason to let you go they are going to make one up and there's nothing you can do to prove otherwise unfortunately. Look folks WF is well known for breaking the law and they will continue to do so. The fat they really need to trim is at the top of the food chain.

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Post ID: @Ndcr+1sX8qnp2

So the question becomes how many people have been laid off that were on FMLA or accommodations and how is thus not considered discrimination? If say 10 people were laid off and 8 were on accommodation or FMLA, the obvious answer is they are trimming what they consider to be "dead weight." And let's face it, Wells Fargo is known for breaking laws.

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Post ID: @dmgf+1sX8qnp2

Yes they can. WF coincidentally gave me notice the DAY I returned from leave lol. I thought I was getting a call from my manager confirming my system access lol.All my directs across the country stayed.Thanks WF 15 years and hundreds if not thousands of unpaid hours going above and beyond as salary down the drain.

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Post ID: @2hgd+1sX8qnp2

If you are wfh, your business group likely already sent you out notice and a date of impending layoff. Granted it is a wide range of dates. For example, all commercial ops folks not in core cities will be let go by end of 2026 and all consumer ops folks by December of 2027. Emails went out to all employees in January. Likely wfh folks will be gone much sooner

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Post ID: @2tto+1sX8qnp2

Yes, they can. My coworker was laid off while on FMLA

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Post ID: @1ytb+1sX8qnp2

YES , but the employer has the burden of proving " legitimate business reason" for the layoff: You could be laid off as part of a larger group that was displaced. But if your group is not in the cross-hairs, your FMLA status should protect you for 12 weeks.

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Post ID: @1djt+1sX8qnp2

yes they can, as long as it wasn't a basis for selection for the displacement.

The formal notice period doesn't start until the day you come back from leave - but they will have to tell you while you are out on leave.

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Post ID: @kec+1sX8qnp2

OP here - thank you for the feedback.

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Post ID: @tso+1sX8qnp2

they can do whatever TF they want

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Post ID: @tor+1sX8qnp2

here's what I found:

Yes, an employer can lay off an employee during or after Family and Medical Leave Act (FMLA) leave, as long as the layoff is based on a legitimate business reason unrelated to the employee's leave. The FMLA protects employees from job and benefits losses during certain types of unpaid leave, but it doesn't completely exempt them from layoffs and terminations. To prove that an employee's FMLA leave wasn't a factor in their termination, employers must show that they would have been laid off anyway during the FMLA leave period.

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Post ID: @edg+1sX8qnp2

No one is safe.

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Post ID: @wyz+1sX8qnp2

Yes they can and will. Your benefits go thru your notice and then severance period. After that their is cobra, ACA (Affordable care act), or Medicare (if you are over retirement age).

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Post ID: @pzf+1sX8qnp2

Si’

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Post ID: @xqo+1sX8qnp2

Yes. They can and I was.

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Post ID: @ztg+1sX8qnp2

Why do you think a company would not be able to take that action?

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Post ID: @aoj+1sX8qnp2

as long as you are part of a broader group getting laid off and they aren't specifically targeting people on leave then yes they can.

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Post ID: @ixd+1sX8qnp2

Yes, they can.

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Post ID: @mvz+1sX8qnp2

YES

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Post ID: @jrf+1sX8qnp2

They can, have ,and will. I've known a person to be laid off in the middle of bereavement of his wife.

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Post ID: @jdj+1sX8qnp2

OP here:
Thanks - I couldn't find anything specific about that in appendix D or F of the benefits book.

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Post ID: @arl+1sX8qnp2

They can.

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Post ID: @vaw+1sX8qnp2

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