Employment Law Questions? Ask an Employment Lawyer.
I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.
The Family and Medical Leave Act only applies to employers with at least 50 employees within a 75 mile radius. Small employers, by definition, cannot violate that statute because they're not bound by it in the first place. However, some courts have found that the Americans with Disabilities Act requires employers to hold a job for someone in a situation where FMLA does not apply, as a reasonable accommodation. You may have recourse under the ADA if your employer is large enough that they would not have suffered an undue hardship by holding your job for you.
A successful employee under the ADA is entitled to compensation for their attorney's fees by the employer, so it may help to see if you can find someone in your area to help you negotiate with your former employer or file a lawsuit. A good place to start is www.martindale.com. The Utah Bar also has a service that allows low-income residents to find an attorney for a low-cost initial consultation. That might help, since you're not currently working.
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