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

There is also the point I referred to earlier - there is only one medical condition that is automatically covered under the ADA just by virtue of the fact that it exists and it's not the one that the OP complains of. Each and every other condition, without exception, must be looked at on a case by case basis EVEN IF it appears on such websites as the JAN network. The medical condition itself, how it manifests itself in the specific individual, what the job duties are and how they fit into the employer's business ALL are factors in whether the employer is even required to accommodate the condition, let alone what accommodation is considered reasonable. The goal of the ADA is to have people at work, working; NOT to supply unlimited leave. In SOME situations, a SHORT leave or extension of a leave can be considered reasonable, but in this case we not only have not yet established that the ADA applies, but the poster has already had plenty of medical leave above and beyond what the law requires. Her "view" that she is protected for the duration of her STD benefits is not borne out by law, no matter how much she thinks her "view" applies.

With the information available to us in both her threads, I very much doubt that she has any kind of lawsuit at all. She clearly does not understand the law and is not interested in learning about it - she only wants to force her erroneous definitions on the rest of us.

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Quoting Surveyorforthewin

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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.

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Given that you don't appear to understand even the most basic information you're in no position to bitch about the very kind folk here trying to help you.

Go hire an attorney.

My 12 weeks of fmla was not taken all at once that way I could stay at work as much as possible. So over a 7 month periode I missed time to have a number of treatments to avoide having to take 6 months straight leave. My employer and I felt that would be the best route for everyone. During that 7th month the carpal tunnel in my hands had gotten dramatically worse and would not let up. At this point I talked to my employer. I said I m sorry I cannot come back to work my doctor deemed me disabled and the only way to change this was to have the surgery in both hands. I asked if he could save my position. He said as long as nobody at the big office asks to fill the position. He asked hiw ling I would be out and I told him That I wasnt sure as I would have to have surgery on one hand at a time. He told me just keep in touch with me and let me know what days surgery will be and when you will expect to be back and I will do that for you. You are a great worker and I dont want to have to loose you. I did as he asked and more, I came to visit each time I went to the doctor and personally brought him my doctor excuse and updated expected return to work date. When I saw him he assured me that I still had my job. If he would have been up front with me I could have asked the board for approved leave but I wasnt even given that chance. It just doesnt seem lawful for a qualified educated woman not get the duties that lead to raises and promotions because she had medical conditions keeping her from performing her normal duties but yet man with no degree and no experience gets that position on the sole fact that the qualified person had a disability. I am fully recovered from both conditions now and I did everything in my power to be at work through the disability and condition that held me back. Land surveying isnt something you just walk into it takes years of training to call yourself a Land Surveyor. Matter of fact the condition and disability was because I have worked so hard. I am not one of the slackers abusing fmla. I wasnt allowed over time, I wasnt even allowed to make up missed time. But regardless I still did my job, somebody elses job and trained 2 employees all without being there 100 percent of the time. But yet this other employee was given ample overtime to do way less work than me... the same work I completed in less than 40 hrs a week. Guess I shouldnt have turned down my superintendent's sexual advances and be like the other female workers in my department and had an affair...Yea I am the only woman in my department that is not having an affair with one of the bosses in the big office and there is only 3 of us. I work! I work hard and I am good at what I do but never have I used whats in between my legs to get where I am and I never will.

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Quoting Surveyorforthewin

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My 12 weeks of fmla was not taken all at once that way I could stay at work as much as possible. So over a 7 month periode I missed time to have a number of treatments to avoide having to take 6 months straight leave. My employer and I felt that would be the best route for everyone. During that 7th month the carpal tunnel in my hands had gotten dramatically worse and would not let up. At this point I talked to my employer. I said I m sorry I cannot come back to work my doctor deemed me disabled and the only way to change this was to have the surgery in both hands. I asked if he could save my position. He said as long as nobody at the big office asks to fill the position. He asked hiw ling I would be out and I told him That I wasnt sure as I would have to have surgery on one hand at a time. He told me just keep in touch with me and let me know what days surgery will be and when you will expect to be back and I will do that for you. You are a great worker and I dont want to have to loose you. I did as he asked and more, I came to visit each time I went to the doctor and personally brought him my doctor excuse and updated expected return to work date. When I saw him he assured me that I still had my job. If he would have been up front with me I could have asked the board for approved leave but I wasnt even given that chance. It just doesnt seem lawful for a qualified educated woman not get the duties that lead to raises and promotions because she had medical conditions keeping her from performing her normal duties but yet man with no degree and no experience gets that position on the sole fact that the qualified person had a disability. I am fully recovered from both conditions now and I did everything in my power to be at work through the disability and condition that held me back. Land surveying isnt something you just walk into it takes years of training to call yourself a Land Surveyor. Matter of fact the condition and disability was because I have worked so hard. I am not one of the slackers abusing fmla. I wasnt allowed over time, I wasnt even allowed to make up missed time. But regardless I still did my job, somebody elses job and trained 2 employees all without being there 100 percent of the time. But yet this other employee was given ample overtime to do way less work than me... the same work I completed in less than 40 hrs a week. Guess I shouldnt have turned down my superintendent's sexual advances and be like the other female workers in my department and had an affair...Yea I am the only woman in my department that is not having an affair with one of the bosses in the big office and there is only 3 of us. I work! I work hard and I am good at what I do but never have I used whats in between my legs to get where I am and I never will.

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... I think you need more help than can be provided here.

Guess what. You only get 12 weeks no matter how you spread it out. Again, no matter what weak promises you think he made, he's not under any obligation to give you the same job back. And as you were told, that your job history means nothing if you are determined to be an unreliable employee. The employer is more than allowed to take a lesser experienced, but available to work, employee and give htem preference. You were only protected for the first 12 weeks fo leave.