Perm laid off after returning from a 2 wk FMLA leave

Sent to hospital by the VP of the company after having sever abdominal pains for a few days. Hospital diagnosis...surgery by week end (same week). FMLA discussed and approved...returned to work after two weeks...40 minutes upon return...permanently laid off. Received UE uncontested...however the same ladies doing my job short term...continued my work. The position and return from what I understand should be seamless is the job is still available...it still is...2 yrs later...they did not offer me another position other than the perm layoff...and the job still exists...

Any thoughts on this?

I'm not clear. Was your FMLA leave 2 years ago?

You can be laid off after a return from FMLA, if there is no work. You can be transitioned to a comparable position, but only if one exists.

None of this applies, two years after the fact, however. Your time to complain was when this happened. You may have not prevailed, but you can't complain or fight this almost 800 days later.

I was laid off March 3rd, 2009

I understand that Army, I consulted an attorney in my area and he explained (at that time...some almost 2 yrs ago) that I definitely have a solid case, however when I contacted him he explained that I needed to build damages as far as time laid off.

I was the Billing manager for a manufacturing company who were running loads daily so the billing does not stop. I was not offered any other position...was handed papers...cleaned my office and the rest lies in the hands of those who know if this can be fought.

I completely understand it's been two years...however I would still like to pursue this at the last hour for obvious reasons. Not only the major cut in pay - from salary to UE and loss of health benefits...that I picked up on my own through COBRA...but damages as well. Unfortunately from my unhappy surprise...the atty I contacted knew of this company for this very reason...but asked me to call back when I accrued actual damages. It's down to the wire...I understand I have 730 days from the date of incident to respond legally through an attorney.

Thank you and please advise your thoughts...