Question:
I'm a disabled Veteran rated at 80%. I have been with Trucking Co. for eight months and was fired because I did not have a full year in that would of made me eligible for FMLA. My absence was due to a surgery that I had in July of 2018 due to a service connected injury. My doctor and I faxed over statements stating the nature of my illness. I was not offered light duty when other drivers have. Can they do this?
Jim's Reply:
I can't answer the question that you pose. You see, you have a civilian employer/employee dispute that doesn't have anything to do with your status as a veteran. That your surgery may or may not have been service connected really doesn't have anything to do with the rules and regulations that an employer may set for employees. Many veterans think that their honorable discharge will come into play in almost every circumstance and unfortunately, that just isn't correct. You're a civilian in a civilian job and it's your responsibility to know their expectations of you. If you wanted to pursue this you'd need to talk with an attorney who specializes in civilian employer/employee disputes. Good luck sir.