Termination while under dr care

[Handsomeabd]

I was put off work by a dr due to back injury. One day before being released to return to work, I was terminated. Is this legal?

 

[army judge]

I was put off work by a dr due to back injury. One day before being released to return to work, I was terminated. Is this legal?

Your terminations depends on you revealing more information than you have.
For instance, how long had you been away from work on sick leave?
Was your injury a result of a workers compensation case. pursuant to an on the job injury?

There will be people along soon, they are proficient in answering questions such as yours.
Provide them with as much information as you feel comfortable revealing.
As long as you leave out real names, birth dates, addresses, etc... you identity is protected.

Last thing, have you contacted your HR Department?
What did they say?

 

[Betty3]

Was this a work related injury?

What reason did they give for the termination?

Did FMLA apply? How long were you off?
http://www.dol.gov/whd/regs/compliance/whdfs28.pdf (This link has the requirements for FMLA to apply - it's unpaid job protected leave for up to 12 weeks if you & your employer qualify.)

 

[Handsomeabd]

HR dept was who terminated me by order of company owner. Injury was sciatica and although I had twisted the wrong way at work, the Dr. could not say conclusively that it was work related. Therefor no workers comp was filed. I had been out for six days. I was scheduled to be out for four weeks and healed quicker than expected. The dr was going to release me early after talking to my physical therapist. My employer knew of the impending early release by my Dr.

 

[Handsomeabd]

Termination reason was that I was undependable because I had sciatic issues.

 

[Handsomeabd]

I'm not sure about FMLA. It was never brought up.

 

[Betty3]

Did you read the link & see if all requirements for FMLA were met?

 

[army judge]

HR dept was who terminated me by order of company owner. Injury was sciatica and although I had twisted the wrong way at work, the Dr. could not say conclusively that it was work related. Therefor no workers comp was filed. I had been out for six days. I was scheduled to be out for four weeks and healed quicker than expected. The dr was going to release me early after talking to my physical therapist. My employer knew of the impending early release by my Dr.

I don't see a connection between the absence and the injury.
The physician didn't connect the dots, or am I missing something?
How many people are employed FULL TIME by your former employer? (You can make your best guess.)
It sounds like a very small outfit because you used the term owner.
What is the business of the company (baker, candle stick maker, dry cleaner, butcher, etc...)?

 

[cbg]

How long had you worked for this employer?
How many employees does this employer have within 75 miles of your location?
In the last 12 months, did you work a minimum of 1,250 hours for this employer?
How much time have you missed for medical reasons in the last 12 months?
Did you follow company call in procedures?

 

[Handsomeabd]

The company is a home builder. It has from 6-9 people at any given time. I was with the company for six months at termination. I had approximately 900 hours in six months. I had missed about 12 days total including this time off. I always followed procedures set by the company. I presented proper papers from Dr. For the absence. Even though my sciatic flared up due to the nature of the work I was doing, the Dr could not say for sure that it was work related. Therefor no workmans comp claim was submitted.

 

[Handsomeabd]

From what I read, FMLA would not apply. Company is to small

 

[cbg]

The company is too small for FMLA to apply and even if that were not the case, you had not worked there long enough to be eligible. That being the case, a termination for medically related absences is legal.

 

[army judge]

From what I read, FMLA would not apply. Company is to small

I wish you a speedy recovery.
You never know about life, a bad thing can be the thing that brings a good thing.
Get well, soon.
It may not be as much as when you were working, Handsomeabd, but you can apply for unemployment insurance (if you haven't done so already).

 

[Handsomeabd]

I'd like to thank all who helped in answering my question. It is greatly appreciated. Thank you army judge,cbg, and betty3.

 

[Betty3]

Agree, not a wrongful termination in your case. FMLA does not apply. However; if you are now ready, willing & able to work + starting to look for other work, you can apply for unemployment ins. The state will decide if you qualify. Good luck.

You're welcome for the replies/answers.