Laid off after surgery

I have a question about the legality of my situation.
Last year in Oct. i went to the doctor over a medical problem i had been having. The doctor ordered for me to have a hysteroctomy immediatly. Instead i chose to wait untill Dec 1st to have the surgery so as to give my work plenty of notice. I asked before i left if i was still going to have my job when i returned and was told i would. And that i was one of their best employees. I never used any sick days and had only left work early a few times due to doctors appts. I worked at this company for 5 years and had senority over quite a few other employees that would lay out or come in drunk. I had reported one guy i worked for numerous times for coming in drunk. Which they never did anything about.
On Dec. 1st,2008 i was out to have my surgery. After seeing my doctor again in Jan. They were going to release me Jan 19th, 2009. I called my work as soon as i found out and was told to call back the friday before jan. 19th. I talked to the plant supervisor, and was informed that i was being laid off for good.
I had been told that they lay ppl off in order of senority. They kept the ppl that would lay out all the time or would come in drunk.
Is this legal? I thought according to FMLA they had to at least let me come in and work at least 1 day before they could lay me off.
I have since been out of work since then and it is now Sept. 2009. There are no jobs around me and my family is suffering. Is there any recourse i can take against this company?

[sunlover]

Yes its legal since they laid off others

I was the only one laid off. I did not even find this out untill about 2 weeks after i had been laid off.

They did this same thing to another guy about a year before they did it to me. His situation was different though. He had been hurt at work and had to have surgery. He came back to work on light duty and after being back for 1 week they gave him his lay off papers. They spread rumors that he had failed a drug test when he first got hurt. But if this was the case the would not have kept him on workers comp and allowed him to have the surgery and receive a check, would they?
I know he was suing the place, but iam not sure whatever happened in that case.

[sunlover]

Then contact the EEOC or DOL with this see what they say. Can you reach this other person? If so that will be great aid to your case

[Bricks41]

In my opinion, you would have a basis for arguement since the whole reason FMLA exists is for job protection for medical reasons.