How can a company fire you if you have a medical leave due to having surgery. They just fired my husband and he just had to have back surgery. Is this legal should we contact a lawyer about it?
2006-11-29 12:57:35 · 11 answers · asked by buddy95 3 in Politics & Government ➔ Law & Ethics
It depends on how much leave he had.
Coach
2006-11-29 13:04:48 · answer #1 · answered by Thanks for the Yahoo Jacket 7 · 0⤊ 0⤋
Unless they had a reason to fire him before the medical leave started that they did not know about until he was on leave, they probably broke at least one law. I would definitely talk to a lawyer.
2006-11-29 13:16:11 · answer #2 · answered by STEVEN F 7 · 0⤊ 0⤋
My sister was fired from her job while in the hospital. She was only allowed 6 weeks off and her employer told her that if she wasn't back by a certain date, she would lose her job. If you live in a right to work state, you can be fired for any or no reason at all as long as it's not for discriminatory reasons. At that point you would have a battle on your hands.
2006-11-29 13:02:10 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I think you should contact a lawyer and see what he says about it. I know a person who was replaced while on maternity leave and who has a very lovely vacation house now. It might not be the same thing, but I'd check with a lawyer.
2006-11-29 13:01:11 · answer #4 · answered by Anonymous · 2⤊ 0⤋
Yes. I don't know what state you live in but most have laws about that. In Jersey it's referred to the Family and Medical Leave Act. If he was fired for conduct or performance, that would be a different story.
2006-11-29 13:00:35 · answer #5 · answered by cuddycab 2 · 1⤊ 0⤋
Federal laws, too. FMLA. Family Medical Leave Act.
Certainly not ethical, firing while on medical leave.
Contact a lawyer ASAP.
2006-11-29 13:06:07 · answer #6 · answered by rjrmpk 6 · 1⤊ 0⤋
It is illegal unless they can prove that they fired him for another reason not related to medical issues. Call a lawyer ASAP.
2006-11-29 13:05:28 · answer #7 · answered by FlyChicc420 5 · 1⤊ 0⤋
Contact a lawyer...........I do believe this is illegal. They could put him in a different job when he goes back to work, but I don't believe they can fire him.
2006-11-29 13:00:26 · answer #8 · answered by Anonymous · 4⤊ 0⤋
1-800-ask-gary or
1-800-ask-koby
These are the ones on my tv. But seriously, I would contact a lawyer if you are telling it the way it really was.
2006-11-29 13:07:39 · answer #9 · answered by Momma Jo 6 · 0⤊ 0⤋
Your husband has rights. Contact an attorney immediately.
2006-11-29 13:05:25 · answer #10 · answered by Anonymous · 1⤊ 0⤋
File for unemployment, and call a lawyer.
2006-11-29 13:02:58 · answer #11 · answered by mbm052969 2 · 0⤊ 0⤋