How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116711
Experience:  20+ Years of Employment Law Experience
Type Your Employment Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

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.


I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!


If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.


Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.


There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

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.