My 12 weeks of FMLA will end on August 12, 2011, my doctor gave me an additional three months off due to my injury from work, I faxed the note on August 3, 2011. My employer send me a LTD package to complete and along with it a letter stating that he could no longer hold my position and was terminating me as a resignation as of August 12, 2011. I never resigned, can my employer do this. My worker's comp attorney told me when I first went out on FMLA that if my employer terminated me that I could sue for retaliation. Can I be terminated as such?

Frank

Not enough information, and since you spoke with a WC attorney, do so again. It sounds like the right to sue for wrongful termination really did end with the end of FMLA and the beginning of LTD, which sounds reasonable to me. An employer shouldn't have to keep a position open indefinitely.

If this is a workers comp claim, then you are not or should not be out on FMLA but should be out on workers comp claim.

FMLA is not used for workers comp, but for other illness.

If you are just out being sick and are going to start using Long Term Disability, then yes you are replaced when you go to disability

I agree with both respondeers. WC and FMLA are not used together so your situation is in clear to us. Under FMLA your job, or a similar job, must be held for 12 weeks and that's it. If you are out under FMLA then you applied for it and all the info and rules should have been givn to you.