Employment Law and Disability Law?

Last year in June I was pulled off from work by my doctors and due to the many operations my previous job terminated my position in November because I was out for more than six months under doctor's orders. I recently applied to return to my position in May of this year and wasn't hired. I am concern, do I need to take them to court to regain my position and if so what type of lawyer should I contact or does this not apply in Texas being that we are an At-Will State, what can or should I do?

michr

they don't have to hire you or anyone else....................
FMLA (if you were covered) protects the job for 12 weeks
you were out for almost a year, why, how would they hold a job for that length of time. you can retain whatever kind of attorney you like it won't make a difference the employer has done nothing wrong. being in Texas or any "at-will" state is not relevant and has no bearing in this situation.

Judy

Sorry, but you have no legal right to get your job back. If you qualify, there's a federal law called FMLA that will protect your job for 12 weeks in a year of absence for medical reasons, but there's nothing that says they have to take you back when you were out for six months even if you qualified for and applied for FMLA.

You need to find a different job. No you can't take them to court and get your old job back.

Reena

State law overules Federal Law.
If Texas is an "At Will" State than they can at any time, with or without cause, terminate your position.
And if you are out for 6 months then they wouldn't even be required under federal law to 'hold" your job position open for you.

Even if you got them dragged into a court... all they have to do is show to the judge that due to economic pressure your position was eliminated. And that is all they need to do. No reason going into your illness, disability or any other "shaky" ground.

Claiming "cut back" and lay offs and your job is gone due to other outside influences. And with the economy the way it is... they wouldn't even have to make that up... they probably let other people go already because they had to cut back.

Concentrate on getting a new job. Don't waste your time and energy on this. Even if they decided to give you your job back... you would regret it in the long run. Imagine how miserable it would be at work when your boss was "forced' to employ you... how long do you think it would take for him to find a legitimate reason to fire you?
Let me guess... the first time you are 5 minutes late getting to work.

GeorgiaBeauty

That's kind of a tough position to be in.....usually if you are out for your job due to a disability then they are supposed to still give you a job but not necessarily the same position. But also with all the laws out there protecting employees the at-will doctrine over rules it unfortunately. But if it's not to hard on your pockets then i would at least speak with a lawyer. Hope this info helps!

DEE W

Federal law is in any state. It also may factor in if you are considered permanent or a temp.

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