Rehire after disability

[rita3a]

Does anyone know what the state of NJ laws are on being rehired at your job after 26 weeks short term disability?  My place of employment terminates you after 12 weeks.  Anyway to make a long story short, they did not rehire me.  Is this legal?

Rita

[rita3a]

I am taking classes to be a medical coder for 2 years now.  It's been a very slow process because of the retail hours I had to work.  I could only take 1 class at a time online... it's very difficult and confusing.  I have about 15 credits to go and I'll be done.  

I am going on unemployment and they might pay for the rest of classes as part of a retraining program.  I am happy about that.  

Rita
  

[nygirl7]

I'm so sorry.  That is one of the reasons I wouldn't take disability no matter how bad I got...just the fact that they could give you a different job and then later say "sorry but this job has been let go" let alone not let me have any job back!

Being in retail right now really is the last thing you want to do - you'd be so smart to take some classes while you are on unemployment!  See if you can find a medical terminology class to start with, that's a pretty basic one that would be damn handy in any job you might go for in the field, even to start out with, and show them that you are working towards something!  You can always continue onwards with your education at night but you can get something when the unemployment runs out.

They did do you a favor.  BIG time.

[rita3a]

Thanks you guys!

Well I am kinda of OK with it.  I worked in retail and sales are  way down and I go to school even though I'm in my 50's...and hopefully I can take more courses during this time and get a job in the medical field, which is what I am studying to do.  Things always work out for the best in the end.  I think they did me a favor.

RIta

[sunqueen]

Yeah, sorry about that. I wish we had better protections for sickness and leave. Hopefully things will pick up soon and a new door will open for you. Hey, you survived tx right? Right now the economy is in the sewer and can only get better. The opportunity will be there for you if you hang on a bit.

[rita3a]

I know the rules are different in every state but I believe sunqueen is correct on this.  I did some research myself this morning and tend to agree about the 12 week FMLA thing.  

At this point, I am probably better off on unemployment because of the economy.  I work in retail furniture sales and most of my X-coworkers are in deficit anyway since it's 100% commission.  

Rita

[sunqueen]

In the US, Federal FMLA requires employers to hold your job for only 12 weeks. After 12 weeks, you may reapply to the business but they are under no obligation to rehire you.

[fretboard]

Terrible news, since all states have different variables it's really hard to say.  I know in my state, they would have to give me a job in the same classification as I was in when I left, but it doesn't have to be the exact desk that I was working.  You need to check with your state union representatives as I don't know if that's legal.  It may be legal, but you may have reinstatement rights and you may need to look for your own state job within a certain time frame.  God Bless