What Are My Options?

[lilizzy]

What is the name of your state? -Wisconsin

I was fired from my job of almost two years due to ongoing medical leave. I was given notes by my doctor to give to my employer which they put in my file. I was called around my third week of leave and was told that I didn’t qualify for leave of absence and they had to terminate my employment. I was then told that I could come back and be re-hired by filling out the application again after I was healed. My boss confirmed that I no longer have a job there.

My injury hasn’t gotten any better and my doctors are changing my treatment.

So, what should I do? Do I (as a part-time) employee have any options?

I don’t qualify for workman’s comp because it was not work related. But, I wasn’t on leave for that long….until they fired me.

 

[seniorjudge]

Q: So, what should I do?

A: Look for another job.

 

[cbg]

Whether or not you have any legal recourse depends on whether or not FMLA applies. A doctor's note has no force in law outside of FMLA. Doctor's notes are a dime a dozen and can even be found on the internet; an employer has no legal obligation to pay any attention to them unless the medical leave is protected under the law.

To determine if FMLA applies, I need to know the following:

1.) How many employees does your employer have within 75 miles of your location?

2.) In the last 12 months, did you work a minimum of 1,250 hours?

3.) How much time TOTAL did you miss in the last 12 months? Not just the final leave, all medical leaves put together.