I was coal mining for about a 4 years a company bought the company out and I worked for them for a year and then I had to under go knee surgery during my time to recover under doctors orders I was going to be 6 weeks during the 2 nd week of medical leave they laid me off I was off with knee surgury and my wife was a stay at home mom with 5 kids I was approved for flma but didn’t receive it yet so we had no income and I couldn’t apply for a job because of my knee not being healed and doctors orders.. this was back in 2014 I was just now told it could possibly be a law suit
If you were approved for FMLA leave, your employer was not allowed to lay you off UNLESS it was for something that would have resulted in your layoff even if you were NOT on FMLA leave. In any case, FMLA leave would not have helped your income situation, since FMLA leave is UNPAID.
However, the statute of limitations has expired on any claim you may have had, so you are out of luck at this point.
I'm licensed to practice law only in Indiana, and we've never met, so I can't give you "legal" advice. My answer is simply "friendly" advice based on my experience as an attorney in Indiana, my knowledge of federal and common law, and common sense. Even if you are in Indiana, employment law questions are very fact specific, and based on the limited information you provided in your post, I can't give you legal advice, and my answer is intended as general information only. It doesn't create an attorney-client relationship.
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