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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 15742
Experience:  Licensed Texas General Practice Attorney
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I had rotator cuff surgery 4 weeks ago tomorrow, I am

Customer Question

I had rotator cuff surgery 4 weeks ago tomorrow, I am feeling pressure from my employer to get back to work, he feels that I mislead him about my recovery time. He also feels that I could have back to work even if I would only have use of my right had. He spoke to me today and made me feel and I was inconsiderate to my team mates, that are working harder in my absence. I don't know what my rights are and at this point, I feel my job is in jeopardy, I don't return soon. I have a follow up appointment with the surgeon tomorrow, to see how I am doing. I have been having Pysical therapy for 2 weeks.
Submitted: 1 year ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Do you know if you qualify for Family Medical Leave Act (FMLA) leave? That is, do you work for an employer that has at least 50 employees within 75 miles of your place of employment, AND you have worked at least 1 year, and have worked at least 1250 hours in the past 12 months? If so, have you only taken 4 weeks off?

Expert:  ScottyMacEsq replied 1 year ago.

Did you see my follow up question to your issue?

Expert:  ScottyMacEsq replied 1 year ago.

Are you there? Do you want to continue with your question and receive an answer?

Customer: replied 1 year ago.
I did read your response, unfortunately we are a small group practice of 5 which includes the doc, I was released to light duty starting on Monday, 8/25. Thanks.
Expert:  ScottyMacEsq replied 1 year ago.

I see. I am sorry to hear that. You see, Illinois is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion.

You have no right to any time off under the law , and protections for disabilities under the Americans with Disabilities Act (ADA) only start to apply when there are at least 15 employees in the business. Under that (believe it or not) the employer can discriminate based upon disability and has no obligation to make "reasonable accommodations" for that disability.

In short, I'm afraid that you would not have any protections here, and your employer can require that you come back to work. I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

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