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wrongful termination while on medical leave

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rikkirocket

Guest
What is the name of your state? florida
I recently had major surgery and was put on a medical leave through 9/1/2003.
my employer called me on 8/28/2003 and told me not to come to work on 9/2/2003. i have filed for unemployment and am eligible. is there anything else that i can do, legally, in this matter?:confused:
 


cbg

I'm a Northern Girl
Key question: How long, total, were you on medical leave? Please include any time you may have taken before the bulk of the leave began for things like doctor's appointments, pre-surgical exams, etc.
 

Beth3

Senior Member
Additionally, did they give you a reason WHY you shouldn't report to work on 9/2? Had they just had a downsizing or layoff, for example?
 
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rikkirocket

Guest
surgery was july 29. first post op appt. was aug 13 and another two weeks was added to that, hence a release date of 9/1/2003.
there were several pre op appointments that i made while "off the clock."
 
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rikkirocket

Guest
i was told that the full time position had gone to part time, that i would not be happy in that office(had been there since 5/02), and that they had found someone that was able to accept the pay rate that they are accustomed to paying. i am a dental hygienist that was seeing atleast 8-10 pts. per day, 4 days per week. there was also another full time hygienist in the office. i was hired on as the additional one, full time.
i had a hysterectomy.
 
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Beth3

Senior Member
cbg, I'm thinking that FMLA may not apply here.

Rikki, does this dental practice employ 50 or more individuals?
 
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rikkirocket

Guest
unfortunatley not. but the practice does have a patient load to need two hygienists
 

Beth3

Senior Member
But unless your State has it's own version of the FMLA with a very low threshhold (# of employees), which is unlikely, then the employer had no statutory obligation to provide you leave time in the first place and no obligation to reinstate you to work and to your prior position.

The [federal] FMLA applies to employers with 50 or more employees. Unfortunately, it looks like you're SOL.
 
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rikkirocket

Guest
i was figuring as much. at least i was able to get the unemployment and hopefully find a new job soon. thank you for all your advice.
 

cbg

I'm a Northern Girl
Boy, leave for a quick errand and the thread takes on a life of its own.

Rikki, I've checked and your state does not have a state version of the FMLA. So FMLA is not going to apply here; you had no mandated right to a medical leave and therefore firing you does not constitute a wrongful termination.

It may be unfair but it's not illegal.
 
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rikkirocket

Guest
thank you for checking that fmla out for me. like i said before, at least a little unemployment compensation will help hold me out financially, but mentally, "me and my ego" just got whooped!:D
 

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