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You are here: Experts > Business > Corporate Law > Employment Law > Dr. will not release me to work/Terminated
Employment Law - Dr. will not release me to work/Terminated
Expert: Thomas R. Ballas - 11/3/2009
Question
I have worked for a large fortune 100 company for 13 years. I have been disabled for the past 2 1/2 years. I exhausted my LTD about six months ago and have been drawing SS for the past two years. When I exhausted my LTD benefit I was placed on an unpaid LOA. My physician will not release me to work. I have not taken FMLA as far as I know (I never signed anything). I have just received notice that I am receiving a "management initiated termination". Do I have any recourse?
Answer
Jack:
I do not think you have any recourse at this point. I presume you are not and have not been working for the 2.5 years. Even if your employer did not properly notice you they had put you on FMLA it does not sound as though you suffered adverse action.
Now, after this time, you are on disability and I presume not able to return to work. If correct, they really are formalizing what is already a fact, that you are not working.
If I don't have the facts correct, let me know. Here is a Q%26A on FMLA and employer obligations under the Law.
http://www.dol.gov/esa/whd/fmla/finalrule/NonMilitaryFAQs.pdf
Tom Ballas
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