I broke my hip and now my job wants to fire me. Is this legal?

rwa000

you don't say where you broke your hip, if at work you can be terminated while on UB, if off the job you can file for FMLA if you meet the criteria, if not than you can be terminated and they are under no obligation to keep you

christiana118

What is their reason for firing you, and did you break your hip while at work? And what state do you live in? Some states have at-will employment which means they can fire you for any reason at any time.

SMITIMB

They can not fire you for breaking your hip. However, if you broke your hip away from work and a broken hip impacts your job performance (say you are a piano mover or even a nurse) then they can fire you for not performing - but not for having a broken hip.

A lot of companies invest in short term disability insurance for their employees. They may be paying a premium, or even deducting one from your check, to go to a program that might be able to pay you a portion of your salary while you can not work.

Judy

If you are eligible for FMLA, then you are eligible for some level of job protection for 12 weeks. Otherwise, yes they can fire you if you aren't able to do your job during your recovery period.

Kathi S

If this makes you unable to work then yes. If you are covered under FMLA then they must keep your job open for the 12 weeks if you are out longer than that they can terminate you. If you are not covered under FMLA then they can fire you at any time.

prncessme1009

It doesn't matter if you are in a "right to work state" but a at will state. All but one state is a at will.
They can not fire you for breaking your hip, but they can lay you off for other reasons.
A few questions I have...how did you break your hip? Was it at work? Under the influence of anything?
If it is determined that you can no longer do your job, then they can lay you off. Stating that they no longer have a position that you can fill. If you can still do your job, but have to be out for weeks, they can hire someone to take your place and then say they don't have a position for you. There are all kinds of ways to get around having you come back with out calling it firing, well, on paper anyway.
You can claim unemployment, as long as you aren't on workmans comp. then you can't "double dip" into the government funds.

Andi D

if your in a "right to work state", you can be fired for anything. Federal laws protect you from being fired because of race,age,etc..But they can fire you for that to if they say the real reason is because any other reason they want to make up.

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