I was sent a letter in the mail saying they didn't have a position for me and my final paycheck was in the envelope as well.
2007-06-09 08:48:36 · 16 answers · asked by michael b 1 in Politics & Government ➔ Law & Ethics
Get a lawyer. They do have the right to terminate you after a certain period of time but they still have to pay for your medical care and you do have some financial recompense owed.
2007-06-16 11:53:06 · answer #1 · answered by CandyCane76073 3 · 0⤊ 0⤋
I'd call the EEOC first then second get a lawyer. At Will usually does not apply when someone is on sick leave or out sick.
Had a friend which had a serious medical condition causing him to miss a lot of work. Similar happened to him.
He went to the State Labor board and when all was said and done it was the Human Resource manager that got fired over it.
2007-06-09 09:00:32 · answer #2 · answered by JUAN FRAN$$$ 7 · 1⤊ 0⤋
On march 9, 2006 I was diagnosed with rectal cancer. Had the operation and went on short term disability for 6 months and also FMLA for 3 months inclusive. I never had a problem returning to work from my employer. I think the max time out of work is 6 months. After that they can terminate you. I went back to work after 5 months and 29 days. How long were you out?
2007-06-17 06:55:04 · answer #3 · answered by Thunder 1 · 0⤊ 0⤋
It sucks, but employment in the United States is "At Will" meaning you can quit at any time and they can fire/terminate you at any time without showing cause. If your job position goes away you can't make them create a new job. It may be a dirty thing to do to you or something that really happened, either way there isn't much you can do to fight it. You can ask an attorney to take on your case, but do you have the money it will take to find out you may not have a case.
2007-06-09 08:54:32 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Unfortunately, according to the Family Medical Leave Act after 12 weeks they can terminate your employment if your position had been discontinued. In order to let you retain your employment after coming back from leave, you would have to be placed in the same position or a like position with the same benefits and pay.
2007-06-09 10:12:47 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Sounds like it to me. I have a friend who went out on maternity leave and they hired someone to take her job while she was out. She and her husband got an attorney and sued and ended up with, among other things, a beautiful vacation home in one of the posher resort areas along the New Jersey coast. I say go for it and good luck!
2007-06-09 08:51:58 · answer #6 · answered by Anonymous · 1⤊ 0⤋
you would be terminated at an identical time as on scientific bypass away or incapacity. If the bypass away qualifies below FMLA, you would be unable to be terminated because of the scientific bypass away or incapacity. even though it won't preserve you from termination for reason or a layoff.
2016-11-09 22:30:02 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Did someone take your job or was your position terminated? If someone else was given your job you have a case but if your position was terminated no case!!
2007-06-09 09:04:06 · answer #8 · answered by Polar Molar 7 · 1⤊ 0⤋
You probably have a case. Check with an employment law specialist.
2007-06-17 08:22:23 · answer #9 · answered by merrybodner 6 · 0⤊ 0⤋
I would think so. Consult an attorney. Most have free consultations.
Best of luck in your recovery.
2007-06-09 08:54:16 · answer #10 · answered by Leather and Lace 7 · 1⤊ 0⤋