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I have been at my job for six years and i recently had a injury outside of work. i lost my job.what are my rights?I

Watkins Glen, NY |

My injury date 12 - 30 - 2012 . to the emergency room same day . I was put on crutches with a severe sprain until i could see an orthopedic which i got in to see on 1 - 2 - 2013 . On 1 - 4 - 2013 my employer sent a letter stating that they could not accommodate my leave of absence . The following week the human resource lady called and repeated the same words per letter . I asked what she meant . She expressed that they needed to fill my position , and i could reapply when medical was released if a position was open . I had a return date back to work for 2 - 6 - 2013 . i was forced to go to department of social services for food stamps and health ins . I asked human res if my unemployment would be denied she no . Ont - 8 - 2013 they are calling to offer my job back . i also cashed in 401k .

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Attorney answers 4


Your answer will be fact driven:

How many employees does your employer have?
How long did you work there?
Did you express to your employer that you intended to return?

You may have been due FMLA leave.

This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (!/WhiteRoseMarks) or Facebook ( if you have follow up questions as we do not monitor questions after providing an initial answer.


If you were there for more than 1 year and the company has at least 50 employees, you are entitled to 12 weeks unpaid leave. If you are returning to work, you should try to straighten it all out with HR or contact an employment attorney for a consultation.


More facts are needed to properly evaluate. Best bet is to call an employment lawyer in your state from Avvo.

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You should retain an employment attorney immediately and have them send a letter to your Human Resource department along with your medical documentation and your desire to return to work for them on the date that your doctor said you would be able to return. Also what was the cause of your out of work injury or accident? You may also have a personal injury case that needs to be worked on.

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