milleset
12-20-2007, 03:41 AM
Hello, I am not sure if I have an actual case of discrimination or not, but I just mainly need peace of mind. I was recently diagnosed with C-Spine Stenosis and Chiari Malformation I. Both are treatable by neck surgery and brain surgery. My doctor pulled me out of work immediately when he gave me my diagnosis. At that point he put me on a 30 day leave of absence pending a consultation with a neurosurgeon. I have been employed with my company for 8 months and was considered a top producer and model employee. The 30 days passed and my leave of absence was over. My company's policy states that any employee having been employed less than 1 year will not be granted an extension regardless of the circumstances. As a result I was terminated. I acknowledge that I was not eligible for FMLA under the federal guidelines. All of my benefits have been surrendered with the exception of my STD & LTD because I had filed a claim. Thank God I have my medical insurance through my wifes policy otherwise I would be screwed. Was this termination legal? And if it was, should my benefits be surrendered as a result? Any advice would be helpful. I have difficulty voicing my thoughts as a result of my condition, so written form is my preferred method so people actually understand what I am trying to communicate. This is why I am trying this forum before contacting the state and federal DOL. (Government folks tend to be a little bit short in patience and push you to another department only to have to explain everything all over again).