Q: After approving my FMLA leave from 3/31/08 through 6/2/08, I was laid off on 4/17/08. The reason given was that they did away with my position. FMLA only covers employers with 50 or more employees on site(s) within a 70 mile radius. I need to find out if my former employer has 50 or more employees.
A: You are right to be suspicious of your company's story. If they approved your FMLA leave in the first place, they must have thought they were subject to the act. But I very much doubt that the company will give you the truth now about the number of employees it has. For one thing, they probably know why you are asking. For another, by laying you off, they have reduced the number of employees by at least one. It could be that they are playing a sneaky game of laying off you (and perhaps others) in order to get out from under their legal obligations. So, the thing to do is to fine a complaint with the local Wage and Hour office of the US Department of Labor. Let them pursue the matter for you. The company might lie to you, but they will think twice about lying to an official investigator. Here's where to go to file your complaint: US Dept. of Labor ESA Wage & Hour Division 2800 Cottage Way, Room W-1836 Sacramento, CA 95825-1886 Phone: (916) 978-6123 or 1-866-4-USWAGE (1-866-487-9243) The name of the District Director is Brian Taverner. See the Source for more information. I wish you very good luck with this.