Ask Experts Questions for FREE Help !
Ask
    wvgalhere's Avatar
    wvgalhere Posts: 2, Reputation: 1
    New Member
     
    #1

    Oct 14, 2010, 01:31 AM
    Unlawfully fired due to medical reasons?
    Recently, I have been fired from a job that I held for three and half years. I had requested medical leave in order to have surgery to remove a large tumor, requesting a six week absence. Complications arose two and half weeks after the surgery, which resulted in not one but two more surgeries in order to remove cancer from my body. The company handbook stated that they will only allow for six week absences, however the first and third surgeries each required, at least, six weeks of healing time. I notified the company ahead of time and they were unwilling to work with him, resulting in my termination as I was going in for my third surgery. Do I have a case against them or do I, at least, have a good case for unemployment? My job was located in Kentucky, if that helps.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    Oct 14, 2010, 05:59 AM

    Is your company large enough and does it fall under the FMLA
    ( federal laws on medical and family leaves) if so they would have been required to give you this time.
    If they do not fall under that program, they are not required to give you the time beyond that of the company rules.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #3

    Oct 14, 2010, 07:25 AM

    I agree, if they qualify FMLA would govern this issue. Family and Medical Leave Act (FMLA)
    wvgalhere's Avatar
    wvgalhere Posts: 2, Reputation: 1
    New Member
     
    #4

    Oct 14, 2010, 02:12 PM
    Comment on Fr_Chuck's post
    The company is a national chain, so it's large enough. They only gave me six weeks of medical leave though.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #5

    Oct 14, 2010, 04:10 PM

    Many of these chains will never tell you about the law, a lot of managers don't even know about it. Should be a large poster hanging in an employee area.

    Contact the corporatoin HR department
    Catsysue's Avatar
    Catsysue Posts: 42, Reputation: 18
    Junior Member
     
    #6

    Oct 14, 2010, 07:27 PM
    FMLA allows qualified employees 60 days (12 weeks) of absence. This time runs concurrently with a medical leave. Sounds like you were off work for more than that amount of time in a 12-month period.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #7

    Oct 15, 2010, 07:19 AM

    You say you asked for medical leave, were you granted leave under FMLA? The company handbook may say no more than 6 weeks but FMLA rules this issue and the company could possibly be in violation. Could be worth your time to contact a local labor board. Have you appealed to the company's HR department?

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Breaking a lease due to medical reasons [ 4 Answers ]

I am asking this for a friend, she has a special needs daughter (diabetic, bipolar, mildly mentally disabled, and has a lot of psychological problems from sexual and physical abuse from the time she was born until she was 2 and my friend got custody) When they moved into their apartment, she was...

Can I break a lease agreement due to medical reasons? [ 2 Answers ]

My wife is a Insulin dependent diabetic and all of the specialests that she see's are located in Florida and we currently reside in Alabama. Her health is getting worse and the trips to Florida are becoming more and more frequent. My question is, considering our circumstances is that grounds to...

Can I break a lease due to medical reasons [ 5 Answers ]

I signed a lease in Aug '09 for one year, but had to move due to medical reasons. I am on disability, but landlady wants me to continue to pay rent until she finds another renter. Come to find out, her cottage I was renting in her backyard does not have a 'permit', so my question is: "Can she make...

Elderly rights for breaking lease due to medical reasons [ 1 Answers ]

I have spoken to the main office at the senior living apartment that my mother has resided at since May of 2005. She has always paid her rent on time and has never been a problem. My question is this... If her doctor has filed a FL2 (papers that require her to move to assisted living for her own...

Breaking Lease due to medical reasons [ 1 Answers ]

I recently had to go to the emergency room and was told my gallbladder was infected and had to get surgery immediately. I had to be off both of my jobs for two weeks and since then I have not been able to afford my bills. I'm stuck deciding do I pay my electric bill, or my college payment. My year...


View more questions Search