11-23-2004, 10:15 AM
Due to a broken finger, I have been on short term disability for the past 36 days. I received a telephone call from my human resources department stating I was terminated. The injury was not job related. I work for a company with over 500 employees. Is this legal?
11-24-2004, 02:51 PM
Yes, it is with a few exceptions. Under the Family Medical Leave Act, an employee who has worked for an employer or at least 1 year and he/she worked at least 1250 hours during that year AND the employer has at least 50 employees in a 75 mile radius, must be offered leave for up to 12 weeks per year. If you or your employer don't meet that qualification, FMLA doesn't apply. Also, if you miss deadlines required by FMLA, it will permit the employer to terminate your employment.
Some states have their own leave laws. New Jersey is one of them. You can read more about New Jersey's leave law at: http://www.dol.gov/esa/programs/whd/state/fmla/nj.htm
12-16-2004, 02:23 PM
I got stab in front of my house and i allmost died i was off work for 14 days i got a work release form from my doctor to go back to work i gave it to my boss and he said he did not have a position available for me but scents then he has hired 3 new people is this legal.
I worked at a motel as the front desk clerk,also the maintenanceman.
I would come to work in a suit to work the front desk and he would make me do the maintenance when i was not scheduled to do maintenance.
Is this legal? when i said no he threaten to fired me.
He also kept telling me to get a hair cut he told me people with long hair are lazy or on druges.
He tryed to terminate me 3 or 4 times.
One time he said his insurance would not cover me he told me he had to many people working for him.
When i asked him if you terminate me who will work my shift? He said he would have to hire someone else i told him what is the differance.
If you capt me or hired someone else after i told him that he just walked away and did not reply.
I need help he only has 11 employees
12-16-2004, 02:43 PM
Where are you located? I can give you better options if I know what state you are in.
12-17-2004, 07:12 PM
I live in californa, by the way i got a letter from my boss today this is what it said.
This letter is to confirm to you that based upon the certificate of disability and return to work a position for you is unavailable. A new employee has already been hired.
Is this legal? Please let me what i should do next?
12-18-2004, 10:07 PM
California provides a number of protections for employees who are unable to work. These include things such as a medical leave. You can read about the medical leave at: http://www.dol.gov/esa/programs/whd/state/fmla/ca.htm Unfortunately, it doesn't sound like your employer falls under these rules (due to its size).
An employer has the right to replace an employee who is unable to perform the job. However, if the injuries you sustained could be considered as a disability, your employer must try to accommodate your disability. However, accommodation doesn't mean that the person can just stay at home. The following link provides information on California's disability regulations: http://www.dfeh.ca.gov/questionsEmp.asp