Injured outside of workplace, then fired

[Rebbels]

Good Morning,

In early Feb., my mom fell down her basement stairs, dislocating her shoulder and causing a compression fracture of her L1. Her Dr. told her she'd have a recovery time of 4-6 weeks on the shoulder and 6-8 for the back. 2 weeks into her recovery, her boss fired her. She worked for a small office (owner & two assistants). There has been no indication from her Dr. that she would be unable to return to work after the shoulder healed, only that she should not lift heavy items from above or make jerky movements with the injured arm. (neither of which are required for her position)

Can an the employer legally fire her? She was with them for over a year and always received great reviews. Also, she can file for unemployment, since she was "discharged".

She Lives in IL.
Thanks

 

[FlaRiptide]

Was she covered by FMLA?

Under federal law, eligible employees are allowed to take up to 12 weeks of unpaid medical leave, with continued medical benefits and restoration of their original position upon return. An employee is eligible under FMLA when they:
Have worked for the same employer for the previous 12 months
Have worked at least 1250 hours in the previous 12 months
Are employed by a "covered" employer, which is:
All federal, state, and local governments and agencies
Private employers with 50 or more employees for 20 weeks in the calendar year and engaged in interstate commerce

Illinois is an "At will" state. The employer may terminate someone for any reason as long as not illegal.

She can file for unemployment and it will depend on if the employer contests the claim or not.

 

[Rebbels]

Her employer does not fall under the FMLA. They only had 2, maybe 3 employees. Thanks for your help, I was just going to start searching the FMLA.
Her employer stated that she will not fight unemployment, when she terminated her.

 

[cbg]

If FMLA does not apply, then she has no job protection related to the absences. For an employer as small as that, even one employee out for an extended time can cause an "undue hardship".

She will not be eligible for unemployment as long as she is physically unable to work. Once she is cleared to return to work, I don't anticipate her having a problem.