i've been workking for a company for 2 years now. i recently went on leave when i had my baby. i'm now two weeks away from my 6 weeks to be up and called my boss. he told me he gave my job away and its working out great. he said their was no job open for me. the he told me he don't know if there is much jobs open for the hours i can work. i don't drive, due to bad vision, which resticts my ability to drive. i can't cashier due to my learning disability, i not good at counting cash. my boss knows all this and won't ever find jobs in the biulding when the department is closed(summer,christmas,thanksgiving).he always found jobs for everyone else in the department during these times. he always said he can't place me cuz i don't cashier. now he takes my job. what can i do about all this?

amber from indiana

First, when you went out on leave, were you offered FMLA? To be eligible, your employee has to have at least 50 employees in a 75 mile radius and you would have had to work at least 1250 hours over the past year. If you do qualify, your job is guaranteed.

But, let's say that you don't qualify. You say you have a learning disability. This could be seen as a disability under the Americans With Disabilities Act (ADA). ADA protects persons with disabilities from discrimination among emploeyrs with at least 15 employees. Does that company have at least 15 employees? If so AND if he treated you differently than others who are not disabled, it could be seen as discrimination. You can learn more about discrimination on the basis of disability at eeoc.gov.

Some states have additional protections for persons with disabilities, such as covering employers with fewer than 15 employees.

Good luck and let me know if you have any other questions.