I am trying to find out if they can legally fire me for a serious infection in my foot that involved an emergency room visit, and a doctor's visit. My doctor has prescribed bed rest and leg elevation for 48 hours, along with high doses of antibiotics, and my employer called me and said I am terminated. It took me 9 months to get this job...Can they legally fire me, when I have topld them that I want to come back to work as soon as I am able?

How long have you worked for this company? Full or part time?

How many employees does the employer have within 75 miles of this location?

How much time, total, have you missed for this or any other medical reason in the last 12 months?

The answers to these question will determine what, if any, legal recourse you have.

How long have you worked for this company? Full or part time? I have worked there only a month, full time.
How many employees does the employer have within 75 miles of this location? I really don't know - their 2nd location is within 75 miles but don't know how many work there - is there a way to find out?
How much time, total, have you missed for this or any other medical reason in the last 12 months? Four days. I went to work for 3 days with a really painful foot, to show good faith to my employers, but I could hardly walk. On the fourth day, that's when I went to the ER (I was not properly diagnosed, and given inadequate antibiotics). I went to work that same day on crutches and gave my employer the ER doctor's note. The next day, last Friday, I was in so much pain, I couldn't stand at all. After calling my employer, I called my own doctor, who couldn't see me until this past Tuesday. Over the weekend, my condition got much worse, with severe swelling and pain. My doctor says it's a serious infection, and we discussed my treatment, and when I would be able to return to work. Again, I got a doctor's :confused: note, and called my employer, with the good news that I was now on the proper medications and doses, and that I was eager to return as soon as possible. I'd missed 4 days. My doctor said if I don't follow his instructions (no walking, leg elevated with hot compresses and alot of medication)and the infection doesn't respond to treatment, he may have to hospitalize me and give me intravenous meds. I was terminated on day 5.

If you have only worked for the company a month, the answer is yes, they can legally fire you. You have not worked there anywhere near long enough to have any statutory medical leave time available to you, and despite what many people appear to believe, it is not illegal to fire someone for missing work for medical reasons.

I have received inquiries so I am posting this as Information I am a Safety Engineer, OSHA Institute Accredited Instructor, R.N.,BSN with National Registry EMT Status I practice Nationwide I assist client who have been injured at work or in a personal injury accident with getting their claims resolved and as a Court Expert Basically I relate the safety issue /accident and how it occurred to the medical issue and explain to the insurance carrier and the courts why the medical care is nec and get that for my clients I do this nationwide I will work with any attorney that you have and also any insurance carrier that you have.
Here is a link to my webpage http://hometown.aol.com/lmay4111/myhomepage/index.html

My e-mail is LMay4111@aol.com My direct Phone Number is 217/390-4299 I have done this work for more then 30 years and have clients nationwide when calling afternoons and evenings are the best time to reach me I will be more then happy to answer any questions. People should take note that when I am asked a questions I will answer them in an e -mail or via phone I will/ can not post to a general board due to regulations governing Confidentiality and HIPPA However you the clients may post the information to the board if you wish to make your information public I am happy to assist anyone who requests or needs my assistance Most of my work comes through word of mouth The laws are fairly clear experts are not allowed to advertise thus you must contact me You may contact me via phone /e-mail and then we can talk about your specific situations Thanks for allowing me to answer your questions I do read your posts and the boards I have 30 years experience as a trauma Nurse and am familiar with all issues related to my professions as a Nurse
Linda K. May, BS,R.N.,BSN
E-mail LMay4111@Aol.com
Phone 217/390-4299 (please leave a message if you get voice mail and I will return your call)

--------------------
LMay4111

You need to look at the terms of your work contract, their policy book to ascertain your rights as an employee and if you were just a probationary employee. If in doubt, consult an employment attorney.