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Old 03-27-2009, 03:48 PM   #1
rcindy72
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Fired after FMLA
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I was hit with cancer and had to have surgery and radiation. 2 days after my FMLA was done the company called me to ask if I could return to work with "no" restirictions. My doctor still has me on a weight restiction due to head, neck and brain surgery, when I told my employer this their response was, "Then your employment is terminated."

Are they allowed to do this or do I have any recourse.
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Old 03-27-2009, 04:29 PM   #2
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I do believe an employer can terminate you if you are not able to return to work after 12weeks. You might want to clarify your state.
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Old 03-27-2009, 07:54 PM   #3
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If you have exhausted your FMLA the employer may legally fire you unless there is a legally binding contract or CBA that says otherwise, or if a state law provides longer than 12 weeks.

It is POSSIBLE, but by no means certain, that you might have some protections under the ADA, depending on how much time off you still need.
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