I had an infection in my left big toe and left shoulder that required surgery. Tried to return to work under no walking orders from doctor. My position did require walking. Supervisor gave me desk job for a few days but disregarded doctors orders and had me walking again. Saw doctor and all healing in my foot stopped due to walking. After telling supervisor this and asking if there was anything I could do anywhere that did not require walking, doctor said no more walking period, I was told no, go home and stay there. This was early October. I kept getting letters from HR threatening termination if I did not return to work. Doctors office faxed over their forms several times and on 2/19/2016 I submitted a doctors work release with restrictions. They never let me go back to work stating they needed to talk to someone to see if they could accommodate my restrictions, terminated me 4/7/2016 for job abandonment.
You may, although more details are needed to give a real legal answer. It's not clear if you and your employer are subject to the FMLA which would permit a 90 day unpaid leave. It's also not clear if you employer is subject to the ADA. The ADA does not require your employer to create a position for you but they would be required to offer a position that's open and available for which you are qualified. To determine the strength of any case requires far more analysis this can be posted here. You should apply for unemployment now.
Answering this quetion does not establish an attorney client relation. The answer is for educational purposes only. You should consult an attorney for your circumstances.
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