What to do??

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shanarooni74

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I am currently receiving disability in the state of California. I am under the care of a physician and have not been released to work yet. (knee surgery). It is important to note that I am a construction superintendent. This injury originally happend on the job. My employer told me at that time not to file for workers comp and to claim it was an outside injury. One week after surgery I was asked to come back to work, I let my employer know I was not released. I was then called a minimum of twice a week to work. I felt my job was in jeopardy so I went back to work part -time. Disability is still in effect and I have not been released from Physicians care. Last week I was told to be at work on time or not to bother coming back, I kept this voicemail. That Friday I went to get my pay and was told that my employer had already gone to the bank and I should have called more often. In other words I am in a huge mess and feel I have been violated and bullied. I have a family and need the job. What are my rights??
 
How much work, total, have you missed? It makes a difference to what recourse, if any, you have.
 
15 weeks total and have been back to work on a part-time basis for the last month. I am still on disability and the doctor did not want me to work my particular job until I was fully recovered. I was just afraid of being fired.
 
Sorry, but since your employer had less than 50 employees FMLA does not apply and even if it did, you've had more time than the maximum required by law. They can legally release you if you are unable to return to work. It is a myth that collecting disability benefits provides job protection. The law does not require indefinite time off; there comes a time when your employer is allowed to let you go and hire someone who is able to come to work.
 
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