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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12926
Experience:  Significant experience in all areas of employment law.
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I am on term disability starting June 5 2015. Had a five

Customer Question

I am on long term disability starting June 5 2015. Had a five back surgeries. I hope to be able to go back to work this August. When I went on disability I was working for ConAgra Foods 33 years of seniority. ConAgra sold the plant that I was Tree House. Tree house will hire me back as a new hire. Is this legal?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

How long total are you going to be off work? Are you the only one who is being rehired like this, or are others experiencing the same thing? I very much look forward to helping you on this matter.

Customer: replied 1 year ago.
A total of 14 months. There were no others. Do I still have a job with ConAgra Foods?
Expert:  Patrick, Esq. replied 1 year ago.

Thank you.

Under the Family Medical Leave Act, your employer must hold your job for 12 weeks. Beyond that they must do what they "reasonably" can to accommodate you, but need not hold your position any longer if they can demonstrate "undue hardship." In the vast majority of cases, this means that an employer does not have to hold an employee's job for 14 months. Since they don't have to hold your job, they would be free to hire you back as a new hire or to not hire you back at all. I truly wish I could tell you otherwise, but this is how the law typically functions in these circumstances.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

Expert:  Patrick, Esq. replied 1 year ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get paid for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.