Is this a wrongful termination

[apoorvaseattle]

My jurisdiction is: WA USA

I have been full-time employed by a Daycare since April 2007. I developed fracture in both my ankles in December 2007 and had to take leave since Jan 03, 2008. I have been under medical treatment since Jan2008 till Aug 2008. I have been getting letter from the doctor towards leave of absence regularly and have sent letters for one-month-at-a-time absence notifications till June 15th 2008 regularly. I had gone to India for treatment in May 2008 and I have sent another letter in June (25th June) for a month of absence and then around 25th of july for another month of absence. So in all till 25th Aug 2008, I have been regularly sending a doctors letter informing my inability to come to job BUT for a brief period of 10 days in June when I could not get the doctors letter as he was attending a conference. I was told on 23rd June when I contacted my center director (while I was in India) over phone, that I have been terminated as there is no intimation that I am away from job.

I have not received any letter of termination TILL DATE, however After I came to US in Aug, and when I went to meet the center director in September I week, I was told that I have been terminated and I will have to re-apply. The termination has been communicated only verbally in person and telephone

After I presented the facts that I have been giving the doctor's letter regularly, the director asked me to get a fitness certificate from the doctor to come to work.

I had communicated that as I have been suffering from fracture in both ankles since last 8 months, I would like to have light job duties and to start with may not work full time.

I was given a job description to take to the doctor and get the fitness certificate. This job description required standing upto 95% time, lifting upto 40 lbs of weight among other things. Does this falls under Constructive damage?

This job description looked to tough to me and as I wanted a rehabilitation program from my employer, I contacted the my employer's central office organization (based in Portland OR) for disability related benefits. After a wait of one day I was again communicated that I have been terminated. However though these conversations have happened on 12th September, I still have not received any termination letter.

Additionally, I had filed for a worker's compensation claim with the state of WA and that was rejected in II week of June. While having a discussion with my director on Spet 11,2008, she also communicated that she was un-happy with me filing the compensation.

Is there a Legal way for this case.
Appreciate your time to read the post and reply

 

[jacksgal]

Your employer is not required to hold your job that long

 

[cbg]

No, this is not a wrongful termination.

The longest your employer is ever required to hold your job for you (barring a state law or legally binding contract that says otherwise) is 12 weeks, and to be quite truthful, since you had been working there for less than a year at the time you went out, they were not obligated to hold it at all. They waited far longer than they were required to before terming you. They are not obligated to hold your job indefinitely, regardless of any doctor's notes you may supply and regardless of the legitimacy of the need for additional medical leave.