Site: employmentlawfirms.com
... If, for example, you were not included in the original layoff list, but your manager added you to retaliate ... if the company says it is laying off employees with the least seniority, and you are included in the layoff ... employees had to complete a written self-evaluation form for the company to consider in making its layoff ... Or, if the company chooses employees for layoff based on a number of performance factors, including attendance ... As you can see, determining whether your FMLA leave played a role in layoff decisions can be complicated ...