Downsized while out hurt from work

[bobru]

What is the name of your state (only U.S. law)? MA

I have been out of work hurt since Aug '09. My workman's comp was denied. I am now going through the company's short term/long term disability insurer, Cigna. I am still waiting on a decision on that one. I have now been told that the company lost a major client and has restructured itself. They gave me three options: 1) try and find another ft job in another dept of co (won't work) 2) keep essentially the same job; but on a part time, 25 hr/week basis 3)Accept a tiny severance pay package and they won't fight me on unemployment.

As my disability case is still up in the air, I don't know what to do...any thoughts would be greatly appreciated.

 

[cbg]

At this point, you have had more time off than either Federal or state law allows; your employer has held your job longer than they are required to by law. Nor does ANY law, either Federal or state, protect you from a downsizing that would have occurred regardless of your medical leave.

STD benefits do not at any time give you any sort of job protection. We don't know if FMLA applied, but even if it did, it expired more than two months ago.

IF you were selected for layoff BECAUSE you were off on work-related medical leave, then if, at some point in future, the company has a legitimate opening for which you are qualified, then under MA law they have to give you first dibs on it. They do not have to create a position for you, bump someone else out of their job, or give you a position for which you are not qualified. This requirement only goes into effect if you are medically cleared to return to work, are qualified for the position, and they would have to fill it with someone regardless of your situation.

If you would have been selected for layoff anyway, regardless of whether you were on work-related medical leave or not, then the company has no further obligations to you beyond what they have already offered. They have done more, even now, than the law requires.

BTW, if you are not yet medically cleared for work, you will not be able to collect unemployment (regardless of what the employer says or does) until you are. Once you are medically cleared for work, you will qualify at that time, but you cannot collect UI in MA (or most if not all other states) unless you are able to work, actively looking for work, and able to accept work if offered.

I can't tell you what to do. All I can do is provide you with the legal facts related to your situation.