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Can You Sue Your Employer for Not Holding Your Job After FMLA is Exhausted

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  • 09-03-2016, 03:53 AM
    Surveyorforthewin
    Can You Sue Your Employer for Not Holding Your Job After FMLA is Exhausted
    My question involves labor and employment law for the state of: Louisiana
    I made a previous post in disibility discrimination. I was on fmla for a medical condition. During the end of my fmla i became disabled. I went to my superintendent and explained that I may have to take off for surgery in the near future. My employer had me train another employee how to do my job so that when that time came said employee could keep my work up during such leave. This way I could take said leave request with out putting the company through a hardship. When it came time for surgery I informed my employer right away. I expressed my fear of loosing my position due to my fmla running out during my leave for surgery. Fmla was for a different medical condition. My superintendent said he would save my job. I checked in during my leave updating my expected return. My superintendent still had my position for me and lead me to believe this all the way up until my 3rd day back to work. Then telling me i would no longer hold the duties of my job and said employee that was trained to do my work while on surgery would keep all my duties. This employee was already under qualified for the position and was allowed overtime to do work, was given a new truck, a new topper for truck, and will be put before the boad for a raise. My boss lied to get his overtime approved stating that he had to work overtime cause he had double the work. But when i was in the same position doing 3 persons jobs and training i was not only denied overtime but wasnt even allowed to make up my hours missed. My employer lead me on to believe that he would grant my request for reasonable acomidations. I am humiliated each day i come into work as other employees knew and respected my work and now watch an underqualified employee take my job due to my disability. Can I sue my company for this and reinstate my duties? This employee would never know how to even do my job if it wasnt for this request in the first place.
  • 09-03-2016, 04:50 AM
    flyingron
    Re: Can I Sue My Employer for Leading on Making Good on Reasonable Accommodation
    You should keep all this in the same thread. Nobody wants to have the details dribbled out piece by piece. What "accomodations" did you ask for that were denied?
  • 09-03-2016, 06:39 AM
    cbg
    Re: Can I Sue My Employer for Leading on Making Good on Reasonable Accommodation
    This is the guy who's convinced that he has job protection as long as he's on STD. He didn't listen to anything we had to say in his first thread; I see no reason to believe he'll pay attention to anything we say in this one, so I am not inclined to bother.
  • 09-03-2016, 07:17 AM
    Surveyorforthewin
    Re: Can I Sue My Employer for Leading on Making Good on Reasonable Accommodation
    I am a woman and yes i did listen if i didnt listen i would have never replied. And im sorry i thought i had to post in the topic of my question. Sorry about that. I told my boss i was deemed disabled and new my fmla ran out wich it was for something else. But i asked for that time off for surgery so i could work again and not loose my job.
  • 09-03-2016, 07:42 AM
    flyingron
    Re: Can I Sue My Employer for Leading on Making Good on Reasonable Accommodation
    Your disability seems to be that you are unable to listen.

    AGAIN: What accommodation did you ask for that was denied? We can't even begin to answer the question you asked without knowing this.
  • 09-03-2016, 07:58 AM
    Surveyorforthewin
    Re: Can I Sue My Employer for Leading on Making Good on Reasonable Accommodation
    Are u retarded? Time off for surgery

    Dont even reply to my post cause if ur not educated enough to see what i asked then u wont comprehend no law sentencing either. Rude and uneducated response is not what anybidy expects from expertlaw.com.
  • 09-03-2016, 08:03 AM
    free9man
    Re: Can I Sue My Employer for Leading on Making Good on Reasonable Accommodation
    Quote:

    Quoting Surveyorforthewin
    View Post
    Are u retarded? Time off for surgery

    That is not a reasonable accommodation under ADA.
  • 09-03-2016, 08:03 AM
    cbg
    Re: Can I Sue My Employer for Leading on Making Good on Reasonable Accommodation
    How much time off did you request? "Time off for surgery" could mean anything between an afternoon for outpatient surgery to a year or more. Considering that you'd already exceeded your FMLA by a considerable amount, HOW MUCH TIME OFF you requested as a "reasonable accommodation" - particularly where it is by no means clear that the ADA applies at all - is a very relevant consideration.
  • 09-03-2016, 08:40 AM
    Cocoabean
    Re: Can I Sue My Employer for Leading on Making Good on Reasonable Accommodation
    Quote:

    Quoting Surveyorforthewin
    View Post
    Are u retarded? Time off for surgery

    Dont even reply to my post cause if ur not educated enough to see what i asked then u wont comprehend no law sentencing either. Rude and uneducated response is not what anybidy expects from expertlaw.com.

    Wow, just wow. Talk about rude. First, find out what a reasonable accommodation (not acomidation) is. Also, learn to proofread your posts. It might help your professional writing. One thing to remember, it is your employer's right to assign work. It sounds as though you are still in your job, but your employer has assigned you different duties. Maybe it's time to suck it up, and do your job.
  • 09-03-2016, 09:18 AM
    flyingron
    Re: Can I Sue My Employer for Leading on Making Good on Reasonable Accommodation
    Quote:

    Quoting Surveyorforthewin
    View Post
    Are u retarded? Time off for surgery

    I suspect your behavior is probably a major factor in why you aren't succeeding in business. You never said anything about asking for time off for surgery (at least not in this thread, again, I warned you that spreading details across threads was going to be problematic."

    Time off is not a required accomodation. You've already had tons of leave. They're not obliged to extend more.
    Quote:

    Dont even reply to my post cause if ur not educated enough to see what i asked then u wont comprehend no law sentencing either. Rude and uneducated response is not what anybidy expects from expertlaw.com.
    That completely ungrammatical and misspelled response shows who really is uneducated.
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