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Lost my job due to off job injury.

On Lawyer & Legal » Employment & Labor Law

2,268 words with 4 Comments; publish: Fri, 09 Oct 2009 15:04:00 GMT; (800101.56, « »)

The state is: ? Louisiana

I suffered an injury off the job site and had to go on STD. That turned into 4 operations and having to go on LTD. During this time my employer terminated me. Is this wrongful on my ex employer?The state is: ?

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  • 4 Comments
    • Quote:
      === Original Words ===

      If you qualified for FMLA, the longest they were required to hold your job for you was 12 weeks. Sounds like it's been quite a bit longer then that. Without FMLA, they don't have to hold your job at all.
      Not neccessarily. Some STD polcies are a lot shorter than 26 or 12 weeks.
      #1; Fri, 09 Oct 2009 15:52:00 GMT
    • Quote:
      === Original Words ===

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

      I suffered an injury off the job site and had to go on STD. That turned into 4 operations and having to go on LTD. During this time my employer terminated me. Is this wrongful on my ex employer?What is the name of your state (only U.S. law)?

      How long were you out? Were you on FMLA?
      #2; Fri, 09 Oct 2009 15:08:00 GMT
    • If you qualified for FMLA, the longest they were required to hold your job for you was 12 weeks. Sounds like it's been quite a bit longer then that. Without FMLA, they don't have to hold your job at all.
      #3; Fri, 09 Oct 2009 15:33:00 GMT
    • The bottom line is that unless you had a bona fide, legally binding contract or CBA that specifically says otherwise, the longest the employer was required to hold your job was 12 weeks. If you were out for longer than 12 weeks, it was not an illegal termination.

      I do have one additional thought, but before I address it, can you give us a rough idea how much time you have missed, and the approximate time your doctor believes you will be able to return to work? It makes a difference to whether or not this final thought applies.

      #4; Fri, 09 Oct 2009 16:38:00 GMT