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dollyworld
08-18-2006, 09:25 AM
fired in utahfired with medical note
i had shoulder surgery. i was on fmla. i went a week over. released 11 days after fmla expired. my note was restricted (can't lift over 10 lbs. don't put shoulder above head (slap tear repair). i could have still worked. they chose not to accept my return to work note (fulltime) with the minimal restrictions. Is this legal? it was ongoing major medical. can they do this legally. they cancelled my insurance after taking 283.00 from me for august insurance. and then they fired me and cancelled my policy. i have no income. i had no notice of being fired. i even agreed to sign a disclaimer not holding them responsible.
i was employed there almost 6 years, never a complaint against me. never a bad evaluation. can they do this? any help i would appreciate on this matter.

cbg
08-18-2006, 09:56 AM
Once your FMLA expired, your employer had no legal obligation to hold your job any longer. Restrictions or no restrictions, since you went beyond the 12 weeks of FMLA (doesn't matter if you were one day over, eleven days over, or eleven weeks over) it was legal to fire you. A doctor's note does not offer you any legal protection if FMLA is not involved, and since your FMLA was expired it was not.

They had no legal obligation to continue your health insurance either. You will be eligible for COBRA but they have up to 44 days to give you that notice. I don't know what insurance costs are where you are but where I am, $283 would only be a partial month payment anyway.

I'm sorry for the situation you find yourself in but I'm simply not seeing where your employer violated any laws.

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