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Legal to go to someone's hospital room to terminate them?
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Legal to go to someone's hospital room to terminate them?

Reduction in work force led to all new employees being terminated. My brother (5 mos. with the company) was in the hospital, having started medical leave (due to surgery) the day before, when his boss showed up in his hospital room, told him all new employees were being terminated, and fired him. How heartless can you be? And is this legal? My brother had gotten rave reviews on his performance by this same boss.


    




jobbend
Rating
Probably legal, just not the best form by your boss. However, laws differ from state to state so best to speak to the department in your state government that oversees employment law.

If this is a general layoff, consider that his boss may have been doing him a favor by letting him know before he gets out of the hospital so he can be thinking about what move to make next - instead of waiting until he tries to go back to work.


Judy
Legal, yes. And heartless, yes, that too.


layindownthelaw
Whoa, when I first saw that headline, I thought you meant "terminate" in an Arnold kind of way...

The bottom line is that most employment is at will. Rarely is it illegal to fire someone.


leysarob
Heartless but legal. He's only been there five months and so his job is not protected by FMLA. And even if he were covered under FMLA, the fact that all the employees at the same level were being terminated makes it legal to terminate him.

Cruel to do it at the hospital, but legal.


danny14551
Rating
Not illegal, morally wrong


NevadaWildcard
Rating
Although it is cruel and heartless, it is a rather legal maneuver. Now, since you brother started his medical leave I do believe the company still owes him support of some variety since it did start while he was technically still employed.


Nani
Rating
I would check with a lawyer, just in case...
But, I think that wasn't easy for his boss either. I am really sorry for your brother. Best wishes.





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