What is the name of your state? Florida but an employee of a Nebraska based company.
To get to the meat and potatoes of it all I went out on a workers comp injury to find out I had severe carpal tunnel syndrome which required surgery. This was on June 20th 2007. My employer gave me a modified duty position where I was still working and being paid. A few weeks later my claim was denied and rather moaning and groaning and going to battle with a lawyer I just took some Family Medical Leave time to have surgery on my own dime. There were complications in getting an Operating Room because of my sleep apnea and concerns of problems anesthesia might bring on. This ate up alot of my FMLA time and since I was on a work restriction from my doctor I couldn't return to work until it was finished.
Now here is the problem I have I was terminated because my FMLA time expired during recuperation but I feel I wasn't allotted my full 12 weeks allowed by law. My FMLA time started 7/18/2007 after my WC claim was denied. I was terminated on 9/28/2007. My employer charged that WC time against my FMLA time even though I was working under a modified duty status. Is this allowed??? How can this be leave if I was WORKING? I should have had until the 10th of October to return to work.
After having to go before a Judge to clear up that I was unwillingly terminated, since they lied and said I quit, for the sake of getting my full unemployment benefits. Which I won. A Judge agreed I was terminated unwillingly. Unable to find another job and the fact they lied about my termination has me so angry I am contemplating a wrongful termination suit against them if its possible. I never kept them in the dark, I always kept in contact with them so they cant say I abandoned my position.
Do I have any legs to stand on with this argument? I have been depressed....I can't find work, my savings are gone, my 401k had to be cashed in & I am at my whits end.
To get to the meat and potatoes of it all I went out on a workers comp injury to find out I had severe carpal tunnel syndrome which required surgery. This was on June 20th 2007. My employer gave me a modified duty position where I was still working and being paid. A few weeks later my claim was denied and rather moaning and groaning and going to battle with a lawyer I just took some Family Medical Leave time to have surgery on my own dime. There were complications in getting an Operating Room because of my sleep apnea and concerns of problems anesthesia might bring on. This ate up alot of my FMLA time and since I was on a work restriction from my doctor I couldn't return to work until it was finished.
Now here is the problem I have I was terminated because my FMLA time expired during recuperation but I feel I wasn't allotted my full 12 weeks allowed by law. My FMLA time started 7/18/2007 after my WC claim was denied. I was terminated on 9/28/2007. My employer charged that WC time against my FMLA time even though I was working under a modified duty status. Is this allowed??? How can this be leave if I was WORKING? I should have had until the 10th of October to return to work.
After having to go before a Judge to clear up that I was unwillingly terminated, since they lied and said I quit, for the sake of getting my full unemployment benefits. Which I won. A Judge agreed I was terminated unwillingly. Unable to find another job and the fact they lied about my termination has me so angry I am contemplating a wrongful termination suit against them if its possible. I never kept them in the dark, I always kept in contact with them so they cant say I abandoned my position.
Do I have any legs to stand on with this argument? I have been depressed....I can't find work, my savings are gone, my 401k had to be cashed in & I am at my whits end.