I was employed with a large company for about a year and a half when I had to have extensive back surgery. I was advised that my FMLA would be up 1/3 and if I wasn't able to return back at that time they couldn't guarantee me position and I would have to re-apply. This information came from the HR department. I spoke directly with my supervisor who advised me that he had no intention of replacing me as long as I came back in January. Two weeks after my FMLA was up, my dr. released me to go back to work. When I advised the company, they told me that my position was no longer available. I advised them of my conversation with my supervisor and they said that headquarters made some changes in my department and filled my position. I was then told that I needed to reapply. After reapplying I was refused to even be considered for a job. When I inquired as to why, she skirted around the issue and got very defensive, and said it has something to do with a performance review that was done shortly after I started with the company a year and a half ago. I tried to advise that I had several reviews since then with high marks (the review in question was good, but with just a notation on one small area), but she refused to allow me to talk and became rude. I tried to contact someone else in HR but just got the run around. I am very frustrated with this because I feel I am being penalized for my injury and feel like they are taking advantage of the fact that I was off. Is this legal? Is there anything I can do?

Also when I inquired as to unemployment, I was told that if I didn't return to work within 60 days that it would be considered a "voluntary resignation". This doesn't make sense when I am trying to go back to work, but they will not allow me to do so. Any thoughts?

You don't have any rights as far as getting a job within your former company. As far as unemployment is concerned, who did you talk with? Talk to the state, if you haven't already.

You don't have any rights as far as getting a job within your former company. As far as unemployment is concerned, who did you talk with? Talk to the state, if you haven't already.
WHAT IF YOU'VE GONE TO THE UNEMPLOYMENT AGENCY AND YOU ARE REFUSED BENEFITS BUT YOU'VE FIRED BY YOUR EMPLOYER!!! ILLINOIS AND OHIO ARE KIND OF NECK AND NECK IN THE SAME WATER I THINK EITHER THAT THEY KNOW THE SAME TRICKS AND PEOPLE.