Ready to work, no job ?

[pjm333]

I was out on work comp for injury at work, had surgery and now ready to return to work. The claim was never disputed and did not need a lawyer, my job is telling me that my position is no longer avaliable and no longer have a job. Its thought if its work comp I was intitled to my job back ? I live in NY, thanks in advance.

[freebird]

In Louisiana, No employer has to hold your job with a WC Claim is involved.

[kit]

How long were you out with your w/c injury? 12 weeks is standard for FMLA. At my job it was 12 weeks in 1 year total. I've been out since Feb of 2009, so they did not have to hold my job. I don't know what NY rules are, but here in MO you had to have worked in your job for a year before you even got your 12 weeks of FMLA. I hope this helps.

[pjm333]

kit Wrote:How long were you out with your w/c injury? 12 weeks is standard for FMLA. At my job it was 12 weeks in 1 year total. I've been out since Feb of 2009, so they did not have to hold my job. I don't know what NY rules are, but here in MO you had to have worked in your job for a year before you even got your 12 weeks of FMLA. I hope this helps.

Kit,
I have been out for 4 months so far and worked there for 2 yrs before, Thanks for your help.

[Bummer Knees]

Look at it as an opportunity to find a better job.

Was there an exit meeting with HR, and did your employer give a reason they were letting you go?

[capricorn]

I don't believe any employer has to hold an employee's job while on WC...sad but true....through the 12 weeks of FMLA..that's it. It is against the law to terminate an employee because they filed a WC claim which would be very hard to prove...most employers are slick enough to get by that...otherwise....some employers let the employee go the day after they are injured.....Sorry this happened to you...I would take Bummer's advise. Best of luck.

[Still in Limbo]

If Your Previous Job is not Available, and You are at 100% and with No Restrictions, You should be able to Sign for Unemployment while You are Searching for New Work. Most States have an "At Will" Work Stipulation and Basically Other than Discrimination, They can Let You go "At Will". I Hope You can at Least get UE to Help You Money-Wise until You Find Work, and I Wish You the Very Best!!

[bronco54501]

I dont know what your injury was, but has this left you with any kind of restrictoins? Have you been collecting ppd/ttd from wc?

[pjm333]

Had knee surgery and im fine and ready to work, thanks for your help still in limbo and bronco

[pjm333]

they werent happy at the time of year I left 11/01/09 wasnt like I planned this but I do understand. People calling me and telling me things they are hearing. Thanks bummer knees