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Rehiring Problem
Feb 18, 1999

My spouse and I both worked for the same company for several years. A few months ago she had to quit due to health problems associated with HIV. Although we never told them what was wrong with her we feel they know being that they are self insured. I also quit to take care of her. She has applied for and will soon begin receiving SS Disability. Her Cobra is being paid by a AIDS Service organization so, she still has good health care coverage. She is now doing better and I would like to return to work at the same job. My work record was exemplary and we gave them several weeks notice when we left. They always have several openings in my field. However, they are balking at rehiring me and I truly believe it is because they do not want to have to cover her for any longer than the 29 months they are required by law now and they know I will cover her as my dependent. They say they are not required to give me a reason for not rehiring me. Is there anything I can do?

Response from Ms. Franzoi

I would suggest that you contact a legal aid organization. If you had taken a leave under the Family Medical Leave Act, you would have some protection for the 12-week period provided for under the act. However, if you have been gone longer than that, I do not have enough information to assist you and suggest you seek legal advice.

Lynn Franzoi



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