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TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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I went out on short term disability in oct 2012, had cervical

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I went out on short term disability in oct 2012, had cervical spine surgery in nov, complications after still had severe nerve pain, finally I had to have surgery on both hands carpal tunnal, short term turned into long term disability, in may through aug 14, release date. I had a meeting with human resource today. they want me to see there doctor, there acting like they don't have my position or any other position for me. my impression is they don't want me back, they are afraid I might reinjure myself. my question is can they do this to me. I have been with this company for 13 years.

Thank you for your question. I'm very sorry to hear about your situation.

The law, under the Family Medical Leave Act, only guarantees that you will be able to return to your same position with the company after leaving on disability for 12 weeks. After 12 weeks passes, your employer has the legal right to terminate you unless you are guaranteed the right to have a job upon return from longer disability by a written employment contract or a written employment policy that the company has posted or published.

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