I have been on this job for 6 months.I started in August & in December I got sick.I had my surgery last week & the doctor said I could return to work.I took my doctors release form in & was told I was fired.Can they do this ...even though I wasnt on the job for 1 year?SO UNFAIR!!!
2007-01-23 08:07:48 · 6 answers · asked by tim_n_donna 1 in Business & Finance ➔ Careers & Employment
Jack's answer above is COMPLETELY WRONG!!
It is illegal to fire someone over a medical condition. That is a violation of not only basic employment/labour law but it's also a violation of human rights! This is a form of discrimination! Unless your doctor's release form specifically states you are not to perform necessary duties for your job, the employer must reinstate you. There is also the America Disabilities Act (ADA) that protects workers from unnecessary discrimination due to a handicap/disability.
Seek out a lawyer who specializes in labour law and discrimination cases. You are clearly entitle to a settlement and possibly a big one! Unfortunately, there is little hope you will regain the position. It is possible that a court can order the company to reinstate you but that never works out as they will make you feel unwelcome. Make sure the lawyer arranges for a good reference from the company so you can regain employment easily.
-- Liam
2007-01-23 09:25:31 · answer #1 · answered by almcneilcan 4 · 0⤊ 0⤋
It depends on the state. Some states allow dismissal without reason or cause. Even if the state has laws that protect you, the company can find a reason should they decide to part ways with you. Always talk with an attorney on these matters. People here have good intentions, but may not be authorities on the matter. On the other hand, why would you want to work there. The attorney may provide other options. Most attorneys will give at least one free consultation.
2007-01-23 08:19:54 · answer #2 · answered by ThePerfectStranger 6 · 0⤊ 0⤋
actual ask an legal expert on your state. they are in a position to enable you comprehend with lots greater advantageous accuracy after interviewing you and gaining understanding of the right situations of your undertaking whether you have a declare for wrongful termination. although, i do no longer see any reason from what you have given they are in a position to't hearth you. each and every state i comprehend of follows an at-will employment rule, the place till you have a particular settlement or collective bargaining settlement to the different, an company can hearth you for any reason at any time (aside from a defined set of motives, which contain, race, gender, faith, unionizing, and so on.....) incapacity is likewise one such reason, that would extremely supply a declare for you. The individuals with Disabilities Act (ADA) limits how an company can hearth/refuse to hire somebody because of the fact of a incapacity. i actually doubt kidney stones are a incapacity; they have rather strict and greater or much less properly-defined standards approximately what a "incapacity" is, yet this may well be some thing to check out. otherwise, i could say it completely sucks, yet you're out of success.
2016-11-01 02:38:10 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Check with your state wage and control board. Some states are a "right to work" state and others are not. The difference is that in some states they can fire you on a whim and there is nothing you can do about it.
Good Luck!
2007-01-23 08:15:44 · answer #4 · answered by Marvinator 7 · 0⤊ 0⤋
Sorry to say, yes they can.
2007-01-23 08:16:28 · answer #5 · answered by Jack 6 · 0⤊ 0⤋
if ur boss is an asshole i guess
2007-01-23 08:11:47 · answer #6 · answered by kayanbean24 5 · 0⤊ 0⤋