QUESTION
Can a company legally fire someone that is under doctors orders not to return to work?
Asked on Jan 28th, 2012 on Business Law - West Virginia
More details to this question:
my husband is under dr. orders not to return to work and he was on short term disability, after his short term ran out they say that he is terminated and they have also changed his job status so that his short term disability checks are less than they should be. Also they have not formally informed us of his termination, the only way we found out is because it was published on there company website. There are just so many things that doesn''t seem right about what they are doing to us and i am at a lose as to where to go from here????? Thank you for your help
1 ANSWER
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The answer to your question is "it depends." You should consult with an attorney who practices plaintiff's employment law where you reside to discuss the totality of the fact pattern, including such facts as the size of the employer, whether your husband has followed the requirements of law to be entitled to leave, etc. The general rule is that, in an absence of an agreement or specific law to the contrary, employees may be fired at will.
Answered on Jan 28th, 2012 at 7:56 AM