Lost job because took FMLA

I was not reinstated to my position when I returned from a two-week absence which was covered under FMLA. (I was not a "key" employee.) I was told the only position I qualified for was that of my assistant in that department and although I wouldn't get a paycut, the only way I could have that job is if I fired her. In the same sentence, I was then told that the position "really wasn't available" since it was already occupied. I told them that if a position was not available, they are giving me no options but to leave. My employer demanded I write a letter of resignation and I refused, as I told them I did not wish to resign. They then asked me to leave. Do I have any legal recourse for this?

Report this and consult with your nearest Dept Of Labor office...they may help intervene and the employer will have to explain why they dismissed.

I suppose it is possible the company would incur fines if it is shown to be misconduct on their part- Not to sound selfish, but they (the company) has put me through hell and I feel I am owed compensation for it on my part.

yes they may...

I contacted the DOL and they said there is nothing they can do, UNLESS I want my job back. The guy I talked to said there are no fines or criminal acts they can charge the company for, even though he believes it IS a violation of FMLA. I don't want the job back, I guess I was mistaken what the DOL can and cannot do. There must be a lot of loopholes, especially with FMLA legislature. I could file a civil suit, but the DOL is unsure if it would hold. I figure what's the point of having FMLA if it's OK for employers to violate it!?!?!?!?!

[odinartcollectables]

Under the FMLA, when employ properly notifies leave of absence under FMLA, the company is required to maintain or current position, current pay, and current senority up to three months.