Laid Off after returning from Med. leave

[Chickie204]

Hi, I was out on a medical leave and was released to return to work on Feb. 4, 2008. However, manager kept telling me there was no work even though they had about 10 Temporary workers working there. He finally told me to come into work on August 4, 2008. Only after I called humane resources many times asking if this was normal. When I returned to work on Aug. 4, 2008, I went to HR again and told them I wanted to know what the guidelines were for a worker returning to work after being on medical leave. I was supposed to be put back to work when the doctor released me as long as it was within two years. I was to be put back in my original position or a similar position.

Well, they ended up having to pay me back pay from 02/04/08 to 08/01/08. The whole time I was working, I had people retaliating against me because I was put in the position that a temporary worker had but he is the son of one of the higher ups and they wanted to hire him. So, they moved him to another area under another manager until they laid me off. Now, I find he is going to be hired and I am qualified to do the same work he will be doing.

I know I was laid off because of my illness and the time I was off on medical leave. They did let another employee go the same day to make it look good. They said it was because of our jobs being transferred to another state however the jobs were transferred to another state two years ago. And, they still have several temporary employees working in the same area I worked in, doing jobs I am qualified for. Is there anything I can do?

I really appreciate any advice I receive!!!

Sincerely,
Chickie204

 

[presutin]

Chickie - you seem to have a lot of legal issues going on with you. Your previous postings indicate that. Can you tell us what exactly you need from this website?

 

[Chickie204]

It is pretty much the same issue. According to the work guidelines and the HR person, when I went on medical leave last September, I was supposed to be put back to work in my old position or a similar position as long as I returned within two years. I was released to return to work on Feb. 4, 2008 but my manager kept telling me there were no positions for me. According to the guidelines, if there are any positions occupied by temporary employees, they are to discharge the temporary employee and put the full time employee in that position. There were approximately 8 temporary employees working there from Jan of 2008 and I was told there was no work for me. And, I am qualified to do the work they are doing.

Today I was laid off and told the reason was; there was no work for me. However, they still have temporary employees working there. One of the temporary employees happens to be the son of one of the top manager's secretary and he is still there and I am also qualified to do his job. What I am asking, is do I have any legal grounds to keep my job?

I have a pre-existing medical condition and soon I will have no insurance. I cannot afford to pay $1000.00 a month for insurance through Cobra.

Thanks Again for any responses!
Chickie204

 

[Chickie204]

I do not have any legal issues, I just needed some advice. As far as my husband's broken leg issue, we decided not to pursue that even though we were told by a lawyer that we do have grounds to sue. We are by no means, sue happy people. However, both of us have to work to make ends meet.

Thank you again!
Chickie204

 

[cbg]

The grounds you have to sue must be contractual because there is no legal requirement that you be returned to work as long as you return within 2 years. As far as the law is concerned, you are entitled to a maximum of 12 weeks medical leave and if you are unable to return on week 13, day 1 you can legally be terminated.

Since your grounds are evidently contractual and we have not read the contract, we have no idea what you can and cannot do. Since you say you have a lawyer you should ask him for your options.