I broke my hand over the weekend, not work related, because of that I was fired. Is this possible?

Lori

Maybe. If you are an "eligible employee" and work for a "covered employer," they are subject to both the Family Medical Leave Act and the Americans with Disabilities Act. FMLA requires that the keep your job available for 12 weeks, if you are off for a documented medical reason. They don't have to pay you during those 12 weeks, but they do have to keep the job available for you during that time.

While it is true that most places in the US are "employment at will" states, there are protections for those with illnesses or medical conditions.

Natasha B

If you live in an "at will" state...yes

jeeper_peeper321

Yes, if you cannot do your job.

They do not have to keep you on the pay roll.

Now most larger companies have policies in place, where for non work related injuries or illness's

You are placed on non paid administrative leave of absense.

And are allowed to come back to work after being cleared by your doctor.

connie m

the laws regarding this type of injury vary from state to state. you need to check with the employment commission in your state.

you didn't say what type of work you do. in some state you would have to read your employment contract to determine the company policy concerning non- work related injuries.

in some instance where the work you do is prevented by an off work injury they can legally fire you if you cannot do the work for longer than a specified period of time, your main concern would be to find out if you are eligible for re-hire once the dr. releases you to go back to work.

when i had my last stroke my company could have legally terminated my employment because at that time i was not able to do the job i was hired for and there was no place else to put me. because of my record with the company and my length of service with them they put me on medical leave instead.

bigddad

yes

Dark Angel

It depends on where you live. For instance, Texas is one state where there are no requirements for being fired. If you are unable to perform your job, it is just cause to be fired. However, get legal advice regarding the laws in your state, or contact the nearest state employment commission.

maria

idk, but really doubt it, but without a union kicking in for the legal fees, most of us can't afford to do much about it, except go to www. EmployeeFreeChoiceAct.com, and hope enough people are sick of getting kicked around by business.

Dana B

If you are in the US it seems to me this might implicate the Family and Medical Leave Act (FMLA), but I don't have enough facts to know for sure.

Michael

If you are not a member of a Union at work, its an "At will' relationship, you can be terminated with or without cause at any time for any reason.

If your injury caused you to miss work, or you were unable to perform your job functions, you could be terminated.

Little Dragon

what, you can't be fired or breaking a bone! what was their excuse?

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