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(NY) On a second medical leave from work due to a freak accident after just coming back from an other medical leave. Job asked me to resign…is this discrimination?
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pringles_kidd is in New York
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So I’ve been working at this company for a few months. I tore my ACL and had to get reconstructive surgery which put me out for 8 weeks. I was not on FMLA and so my absence was approved by HR without pay. I recovered from that injury and went back to work. One week after my return, I was riding home after my shift and I hit a pothole and of course another injury that would put me out for a while. HR from my company called me and said that they wouldn’t be able to give me FMLA (which they also mentioned for my first injury because I haven’t worked at least 6 months) and I said that’s fine but I still will be out of work (after already sending hospital discharge papers). They asked if I’d be back soon and I said it would be a few weeks to maybe a month and HR replied stating that it’s best I resign because they can’t offer me time off nor could they hold on to my position. I was very confused as to why they would ask me to resign and it’s not like they’re going to pay me during this time and the very least they could do is keep my position open (turnover is high and they have problems retaining employees so I highly doubt that they wouldn’t be able to find a replacement) and last, it’s not my fault I got into a freak accident. I feel that it was wrong for HR to ask me to resign. I ended the conversation saying I’d speak to my doctor to figure out how much time I’d need to be out of work. I’m still technically employed and I have received an email this week subjected time and attendance. So now I feel like they want to claim that this was an unexcused absence to be able to terminate me. Am I in the wrong here? Do I have a case that I can bring to a lawyer? Any help from Reddit would be amazing. Thanks everyone!

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1 year ago