Terminated due to medical reasons

What is the name of your state?Texas
Two weeks ago I had emergency surgery to fix herniated discs in my back. My doctor asked me to naturally take some time to recover before returning to work. I kept my employer informed every step of the way, and after two weeks, I went by my work place to inform my employer of my return to work, who then told me due to my medical condition, I am a liability and no longer had a position there. He did not say fired, but after saying they no longer had a position for me, he strongly suggested I look for other work. Is this legal?

chickadee2578 said:

He did not say fired, but after saying they no longer had a position for me,

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He did say you were fired, at least that is the intent.

Some quick and easy questions for you to see if FMLA applies-

How long have there?
Did you work at least 1250 hours in the last year?
How many people work for the company withing a 75 mile radius?

let's see

Texas
I worked there for 1 year and three weeks.
I was full time working 40 hours or more a week.
It is a small institution with 20-30 workers.

Then unfortunately the FMLA doesn't apply. Only employers with 50 or more employees are obligated to extend leave under the Family and Medical Leave Act.

Thank you

Thank you for your assistance. It will never cease to sadden me when human decency is proven to be a dying concept.

Thank you again for your help.

one more question

I called the employer to set up another meeting. I was wanting to "iron clad", if you will, what his intentions were. He did a lot of insinuating rather than just coming out and saying the words. For instance, he said they would keep me in the system and call me if they needed me to fill in for anything. He and I both know there is no such system, and I feel it was his way of stringing me along and "lightening the blow". Is it important to have him officially fire me or lay me off? Will it cause me problems otherwise? Is that what he did anyway? I'm young and new to the workforce so any advice would be appreciated.

Is it important to have him officially fire me or lay me off? No.

Will it cause me problems otherwise? No.

The worst that can happen is that he does call you down the road when work is available. In the meantime, you should consider your employment terminated. File for unemployment benefits and start looking for a new position.

Good luck.