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Terminated After Work Injury And FMLA Leave

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  • 01-12-2007, 09:06 AM
    ND32
    Terminated After Work Injury And FMLA Leave
    Hello. I fell at work and injured my leg. I was hurt in july06. I had an mri done and found out i had a torn acl,mcl,and lcl. Comp sends me to a Surgeon in August. He drains my knee and talks about having surgery. I wait for comp to approve the surgery. Comp calls me and tells me their trying to settle on a price with surgeon. I wait. Now its October and i'm frustrated. They call again and tell me the surgeon wants to much money, so their looking for a cheaper one. I had enough of that. I went to Human Resources at my job and when i used the word lawyer everyone wanted to help me out. I had a date set for surgery the next day. Surgery set for Dec, 8. Had the sugery. Then i get a letter from work saying my FMLA has run out on Dec 15, which i didn't even know i was on. The letter said if i dont reply by 1/5/07 i would be terminated. The letter came through ups, so i tracked the shipping on it. The letter wasn't even sent out until the 5th. I recieved it on the 8th. I go to my job and they tell me i'm fired but if i come back by a certain amount of time i'll still have my job. Now i feel i'm being rushed back from a major surgery. Are they messing with me or do i need a Lawyer? Thanks! I work in Mass live in R.I.
  • 01-12-2007, 09:26 AM
    aaron
    Re: Terminated
    You should be able to find a plaintiff-side employment lawyer who will give you a free consultation to evaluate your situation, so I would suggest seeking one out.
  • 01-13-2007, 01:57 AM
    cbg
    Re: Terminated After Work Injury And FMLA Leave
    Just as an FYI, in MA the longest an employer is required to hold your job for you, even in a workers comp situation, is 12 weeks, so they haven't violated any laws there. You got more time than legally required.

    MA law also states that IF you were out on a workers comp injury/illness; if your employer terminates your employment because they are unable/unwilling to hold your job any longer; if you are subsequently medically cleared to return to work; and if at that time your employer has an opening for which you are qualified, you have to be given preference in hiring.

    Note that this is only true in workers comp situation and that even in workers comp situations, they do not have to create a new job for you, bump someone out of theirs, or put you into a position for which you are not qualified. But you have to be given first shot at any positions that are open anyway and for which you meet the stated qualifications.

    They can legally tell you that unless you can come back by such and such a date, you will be terminated. They can terminate your employment if you are still medically unable to return by that date. BUT, when you ARE able to come back, IF there is already an open slot for which you qualify, they have to give it to you.
  • 04-26-2007, 10:55 AM
    ND32
    Re: Terminated After Work Injury And FMLA Leave
    Update: So work tells me i have 90 days to be cleared by the doctor and fill out an app again, starting from the date of termination or i will lose seniority, vacation, pay. I was cleared by the doctor and filled out another application before the 90 days. They didn't hire me back. Now they are hiring people after i filled out my application. They call me about a month after my 90 days are up and tell me i can have my job back but i have to start all over from day one. Is this legal?
  • 04-27-2007, 09:37 AM
    ND32
    Re: Terminated After Work Injury And FMLA Leave
    Anyone? Please.
  • 04-27-2007, 09:53 AM
    aaron
    Re: Terminated
    You should be able to find a plaintiff-side employment lawyer who will give you a free consultation to evaluate your situation, so I would suggest seeking one out.
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