Legal Question in Employment Law in Florida

Wrongful Termination and Rehire

I was granted a medical leave of absence to do a 12-18 month injection therapy for my liver. 6 months later I was terminated for using longer than FMLA. My liver was a life theating situation and the chemo therapy rendered me totlally disabled. I got a letter to return to work but was told I would have to wait till my position was open at the end of my 18 months. I tried to take any job, but was denied employment. When my position came open, I was told I would loss my 13+ years of seniority and my medical would have a pre-existing clause. My current employment offered me better benefits with no pre-existing clause. When I filed my EEOC claim the employer claimed that I was in jail while I was on medical leave. I explained the charge occured 2 years before my medical leave and I was offered probation during my medical leave, but the judge sentenced me instead. During my unemloyment my job admitted that I was terminated for taking medical leave longer than FMLA. Now I have been given a right-to-sue from EEOC and the former emloyer has been purchased by my current employer. I was only out of work for 4 months, but I feel I am entitled to join my time of service united with my current employment. My question is... Do I have a claim?

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