Larry, No apologies necessary. As you might recall in my initial answer I discussed the fact that since you didn't qualify for the job protections under FMLA
, your employer could let you go based on their attendance rules (assuming you were out of sick leave) as long as they enforce attendance rules and were not just targeting you because you were temporarily disabled.
Also, as I mentioned, although you could try to request a reasonable accommodation under the ADA
in the form of more time off, the employer does not have to accommodate you in that way if they have a neutral attendance policy and it would cause an undue hardship if you did not come back to work. I believe I also indicated, that you could though, if you choose, go ahead and file a disability discrimination
complaint with the EEOC
and see where it goes. But if they can show that they have an attendance policy that they enforce and that your continued absence would cause a hardship on them, then the complaint will not likely go very far and the EEOC will find it unsubstantiated.
Those are your only options when you work in an employment "at will
" state. (Right to work
is not the term that applies here since that has to do with forced union membership).
It doesn't make what they did necessarily ethical or kind, but it would be legal unless they have targeted you for different treatment than anyone else who might be out for the same period of time but was not sick.