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#1 dan81359


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Posted 10 September 2009 - 02:02 PM

Recently, I had to have surgery done to my left leg ( a revision, of sorts, to a previously amputated leg). Unfortunately, it took longer than the 3 months permitted for me to recover than the family medical  leave allows. My employer had placed me on a "leave of absence" after my family medical leave was up, but is now telling me that there is not enough work to take me back and put be to work. My surgeon has released me to return work at full duty as my employer required before I could come back to work. So I am unable to bring home a paycheck or collect unemployment until I can find another job. I think that they may have hired someone else to take my place, but I am not sure. Is this just a dirty trick or have they done something illegal?

#2 Fallen


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Posted 11 September 2009 - 03:50 AM

You're free to file for/seek unemployment if you're able to work and there is no work for you, so I'm not sure what you mean there. 


"Is this just a dirty trick or have they done something illegal? "

Given they could have let you go after 12 weeks (or, if they were having work-related cutbacks, they still could have legally terminated you as part of a lay-off during those 12 weeks), I'm not sure I'd look at it as a "dirty trick".  In any event, I'm afraid they're free not to take you back.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)

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