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.

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?

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.

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.

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.

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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Quoting Surveyorforthewin

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Are u retarded? Time off for surgery

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That is not a reasonable accommodation under ADA.

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.

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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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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.

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Quoting Surveyorforthewin

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Are u retarded? Time off for surgery

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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.

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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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That completely ungrammatical and misspelled response shows who really is uneducated.

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.