QUESTION

Is it legal for my employer to say they will hold my position after surgery and then hire someone else after I have been cleared?

Asked on Aug 29th, 2012 on Labor and Employment - Florida
More details to this question:
I had a hernia surgery then came back to find out that they hired someone else for my position and they said that they had nothing else for me at this time. They said possibly in the spring.
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1 ANSWER

Employment Law Attorney serving Chicago, IL
Partner at Goldman & Ehrlich
4 Awards
If you were covered under the FMLA (company has at least 50 employees, you were full time for at least 12 months, and you took no more than 12 weeks of leave), then you may have a legal action.  Speak with an attorney as there are other possible remedies.
Answered on Aug 30th, 2012 at 10:19 AM

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