A
azpebbles
Guest
I (used to) work from my home office in AZ for an out-of-state company. I was recently fired (supposedly "at will")shortly after completing the paperwork for short-term disability (which indicated I can tentatively return to work in August) and within 18 days of my unpaid leave of absence. My company tells me that I do not qualify for FMLA, therefore, I will be responsible for paying COBRA to maintain my medical insurance and theat they cannot hold my job for me for the 12 weeks FMLA provides.
My questions are these:
1. Do overtime hours count in the 1250 hours worked in the preceding 12 month rule?
2. Am I truly eligible for FMLA given my situation. I began working for the company initially in December 1999. I left in December 2000. I came back in April 2001 and became short-term disabled in early June. My company has a policy which states "if a former employee is re-hired within one year of the separation date, prior service credit will be re-instated for purposes of calculating leave benefits." So, do the 12 months mean the preceding 12 months, regardless of continuous employment with the same employer or do I qualify based on the fact that I have been reinstated (did not have to repeat training, am eligible for bonus without waiting regular term, etc.)?
3. Can I sue the company for disability discrimination since they chose to fire me "at will" coincidentally while I was short-term disabled? One of my managers made this threat to me on the phone a couple of weeks prior to it happening. She also indicated that the company does not have to accommodate me with job tasks I can perform, if they don't want to.
4. Can I file a Workers' Compensation claim even though I cannot pinpoint an exact date/time when my injury/illness occurred, based on my or my doctor's belief that my job duties may have resulted in or exacerbated my illness?
5. Should I take these matters up first and foremost with my CEO as a grievance or seek legal representation or both? Can I withdraw my complaints should my company agree to comply with the FMLA of 1993 and hold my job for 12 weeks (or less, if I can return to work before that time)?
My questions are these:
1. Do overtime hours count in the 1250 hours worked in the preceding 12 month rule?
2. Am I truly eligible for FMLA given my situation. I began working for the company initially in December 1999. I left in December 2000. I came back in April 2001 and became short-term disabled in early June. My company has a policy which states "if a former employee is re-hired within one year of the separation date, prior service credit will be re-instated for purposes of calculating leave benefits." So, do the 12 months mean the preceding 12 months, regardless of continuous employment with the same employer or do I qualify based on the fact that I have been reinstated (did not have to repeat training, am eligible for bonus without waiting regular term, etc.)?
3. Can I sue the company for disability discrimination since they chose to fire me "at will" coincidentally while I was short-term disabled? One of my managers made this threat to me on the phone a couple of weeks prior to it happening. She also indicated that the company does not have to accommodate me with job tasks I can perform, if they don't want to.
4. Can I file a Workers' Compensation claim even though I cannot pinpoint an exact date/time when my injury/illness occurred, based on my or my doctor's belief that my job duties may have resulted in or exacerbated my illness?
5. Should I take these matters up first and foremost with my CEO as a grievance or seek legal representation or both? Can I withdraw my complaints should my company agree to comply with the FMLA of 1993 and hold my job for 12 weeks (or less, if I can return to work before that time)?