Is it legal to be laid off when returning from work after reconstructive surgery for breast cancer?
I told my employer that I was going to have surgery and would be need to be off work for 4 weeks. I was told this would be no problem. When I called to let them know that I had been released to return to work I was told to return on Thursday. On Wednesday I received a call telling me not to come in because work was slow and that someone else would be covering my responsibilities. Am I not guarenteed my position back? Wouldn't I be covered under the American Disability Act and the Family and Medical Leave Act?
1 answer | asked Oct 7, 2011 06:59 AM [EST] | applies to Ohio
Answers (1)
In either case, it may be a defense to the employer that it would have laid you off due to lack of work whether or not you have a disability or were on FMLA covered work. That is a factual issue but, if true, may give the employer legal justification for the layoff.
posted by Neil Klingshirn | Oct 26, 2011 3:01 PM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers
Contact Neil Klingshirn
Neil Klingshirn
AV rated Super Lawyer and Employment Law Specialist
Independence, OH
Phone: 216-382-2500