Texas - Can employer fire an employee while under docters care?

Question

I live in Texas. My mother in law is a waitress, and she out under docter's care. She has a docters note saying she can NOT return to work until 4-6 weeks after she has a surgery. She has a female problem, and has to have surgery, or she could bleed to death. Her boss called today and told her that they have to replace her, and that they wouldn't fire her replacment when she was able to return to work. Is there anything she can do?

sorry everyone i meant doctor

Answer 1

She needs to contact the local EEOC office and find out if she's entitled to time-off under the Family and Medical Leave Act. It certainly looks like she does, as provided by the link, but you may need an attorney to actually get her employer to observe the law.

Answer 2

To qualify under the Family Medical Leave Act in Texas the employer must have 50 or more employees, you must have worked for the company for at least 12 months, and you must have worked at least 1250 hours.

If these conditions apply, there is a case. If this doesn't apply, Texas is a right to work state and an employer can hire or fire any employee for any reason they choose, as long as they don't discriminate on the basis of race, sex, religion, etc...

Answer 3

Family Medical Leave Act allows employees 12 weeks off (unpaid) to care for seriously ill person, even if it herself, and retain her job or be placed in a "similarly equivalent" position; but you have to fill out the FMLA the form. The employer is obligated to continue medical coverage during this time. The details (and exceptions of) are detailed at the Department of Labor: http://www.dol.gov/dol/topic/benefits-leave/fmla.htm

Answer 4

yes, there is action she can take. do a google or yahoo search on the family medical leave act (fmla). i believe it states that while under a doctor's care, an employer can find a replacement for you while you're away, but you must be allowed to return to your position (or another position with the same pay). if i remember correctly your job is same for at least 12 weeks. good luck.

Answer 5

I would have her look into disability insurance like AFLAC to cover her living expenses until she can return to work. An employer can let an employee go for any reason unless an employement contract has been signed and negotiated beforehand.

Answer 6

if the boss said your fired right to hr the her face or over phone know he can't do that tell her to worry about getting well when she dose go back if he fires her go to labor board about it you can collect while you do this OK good luck

Answer 7

i dont know what a docter is. sorry wish i could help you

Answer 8

Employers can do anything they want.

Answer 9

Is her boss supposed to pay her while she isn't working????


Wow.... keep that hand out....

Answer 10

Yep they can. It sucks ***.