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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110522
Experience:  20+ Years of Employment Law Experience
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I went on short term disability on June 11th due to a nervous

Customer Question

I went on short term disability on June 11th due to a nervous breakdown that happened at work. I was off for 12 weeks, the day i returned to work i was let go with no chance of rehire. No my symptoms are coming back and i am afraid i will not be able to return to work outside of the house is there anything that the company could be responsible for since they are the reason for my breakdown?
Submitted: 8 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 8 years ago.

When you suffered the breakdown at work, if the doctor attributed it to work the first time you should have filed a worker's compensation claim. Additionally, if you were on authorized FMLA leave and returned within the 12 week allowed period, then were terminated for using the leave, this appears to be a violation of FMLA which mandates you be restored to your prior or a comparable position upon your return. You would need to file this complaint with the state commission on human/civil rights and/or the EEOC and upon their issuance of a right to sue letter, you can sue them.


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Customer: replied 8 years ago.
I think maybe i stated this wrong. I was not fired when i returned i was permanently layed off. No, I did not file workers comp, i did not know that was an option. I just took the disability. How much does this change things?
Expert:  Law Educator, Esq. replied 8 years ago.
Laid off is a termination and they will have to prove you would have been laid off regardless of taking FMLA approved leave, which is kind of hard when they lay you off on your return. You should contact the commission and/or the EEOC and file a complaint.

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