I live in the state of Missouri. I had been with my company for 2 years. I had a good work history with my company. I had to have 4 vertabrae in my neck repaired because they were fusing together. This was done on Aug 19. I have short term and long term disability insurance with my work. I was also on the FLMA. I was receiving 100% pay for 12 weeks then it went to 75% pay after that. My job was a saw cutter in a titanium company so it was lots of heavy lifting and very physical work. I was still in a neck brace in October and not allowed to drive yet. I had been in contact with my work to keep them updated. I lost quite a bit of mobility in my neck where I was not able to turn my head side to side or move it up and down. My doctor put me in physical therapy a week ago and cleared me to go back to work Jan 19. If I didn't return back by the 22nd I would have lost job. I called my supervisor several different times and left messages that I was being released by the doctor and returning on Jan 19. Told him to call me if there were any problems. Then yesterday I get a certified letter from my company telling me that they filled my position and they didn't need me to come back. They also said they didn't have anything available and I could submit an application with them and they would hold on file for 6 months. They have 7 temps working there right now. I think I should have a job over a temp that is there. They also stated that as of Oct 22 they were not obligated to hold my job. Never was I told this. Can they legally do this? Is it worthwhile contacting a lawyer? Does it appear that maybe I have a case?

Yes, this was a bad situation for you but your company can do whatever they wish about this. Did you have any sort of a contract stating this - that they would hold your job for you? If you had no contract, then they were free to do whatever they wished. Just having temporary workers at their job site does not mean anything as they are temporary workers and subject to not being called into work at the employer's discretion. You can get an attorney, but you probably won't win anything other than your job back and that could take a long time and a lot of money paid to the attorney to accomplish.

Mo is a tough state, they can not fire you while you are on disability but they can the day you are to return. I had almost the exact thing happen in Mo. Was out on workers comp, fired the day I returned.

So now you file for unemployment