If I was fired while on medical leave 2 years ago do I still have rights?

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If I was fired while on medical leave 2 years ago do I still have rights?

I was on medical leave for a condition that the company was well aware of but they sent me a termination letter. I still have all of the paperwork from the doctor.

Asked on October 5, 2010 under Employment Labor Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There are many facts here that need to be determined as to whether or not you have a cause of action against your employer and if you do, if the statute of limitations has run on your bringing an action.  You should speak with an attorney in your area on this matter.  Generally speaking, it is my understanding that an employer is only required to hold open your job for 12 weeks and that is if you qualify for leave under FMLA (the Family Medical Leave Act), unless your state law states otherwise or you have a contract that states otherwise.  You have no "protected status" otherwise, even if your employer knows about your condition.  This, however, could be different if you are protected under the ADA (Americans with Disabilities Act). So seek help.  Good luck. 


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