hello,

i ruptured my achilles tendon outside of work in mid october and have been off work since then. my old boss told me that i could return to work on restriction when i was cleared to do so by my doctor. i was cleared over a week ago now and since i was out my old boss quit. the new boss is now telling me that he needs to know when i can come back to do my full duties. i go to the doctor on feb. first and know that i wont be able to do any heavy lifting for at least a few more months yet. i asked my new boss what would happen if i cant do my normal duties for awhile yet and he said that would be up to the owner. i have heard from friends in the company that he doesnt want me back but i think they wont fire me and see if i get desperate for cash and just find a new job so they wont have to give me unemployment. also, my friends told me they filled my position already. do i have to sit home a few more months and not get paid? could i be considered layed off and get unemployment? i dont qualify for family medical leave act because my company is smaller than 50 employees plus i am past the 3 month window anyway. they also told me that they would pay me for my sick/personal injury days and havent yet. i keep getting the run around about it. anything i can do in this mess? i would greatly appreciate any help.

Since the employer is too small to have to offer FMLA, you have no legal recourse to get your job back, with or without restrictions. Sorry. If you are now medically able to work, however, you should be able to receive unemployment benefits. You should file immediately.

Regarding your sick/personal days, why do they say they are not paying you for those days?

there is a problem with their records. in their memo to me they show me with only having 4 sick/personal injury days. according to the employee handbook i have 5 per year. i have only taken one sick day the whole time i have worked there and that day was used in 2004. i emailed the person in the office who handles that and she wrote me back stating she would check the records and get back with me. i havent heard anything back and have emailed her a few times since. i also mentioned to the new boss about it and he said i need to talk to the woman i emailed about it. i feel like im getting the run around.
i should be able to receive unemployment even though i am technically still employed and have only been cleared to come back on restriction and not my full dutys?

In most if not all states, you have to be able to work and actively seeking work before you qualify for unemployment.

does it matter if im cleared to do only restricted work and not my full duties? i want to work but they arent letting me come back and i have a feeling they wont let me come back until i can perform my full duties which wont be for a long while. i am not even sure if i will have a job by then. sounds like they filled my position but wont tell me anything. in the meantime would i be able to get unemployment until they allow me back if they do allow me back? i am still employed at this time. they havent released me yet. i assume if i quit i cant get anything.

All you can do is apply and see. There's no penalty for applying and then finding that you're not eligible. I can't tell you what the state will decide.

i worked on salary for over a year,i had a heart attack 9/21/05..the company paid me same pay for 2 weeks,then no pay for other 2 weeks i was off work.i went back on a hourly basis same pay but broken down by hours i worked..i had to take another leave cause i wasnt improving..boss told me when i was ready i could come back at same pay but may be another location..i called to go back and he changed what he had told me to a step down possition at 4.50 less per hour.i was under the impression my possition was to be held at same pay for 90 days? did this company do me wrong?

We don't know. Before we can tell if any laws were violated, we need to know:

1.) How many employees the employer has within 75 miles of your location
2.) Whether or not you worked a total of 1,250 hours in the 12 months immediately preceding your leave
3.) EXACTLY how much time you missed in total.