QUESTION
Can employer fire an employee on medical leave ? Employer didn't provide light duty for one but allowed others to work on light duty for others?
Asked on Mar 28th, 2017 on Labor and Employment - North Carolina
More details to this question:
employee placed on light duty but employer did not have light duty. Not an injury on job. Received STD but was terminated prior to LTD approval. Employee was in contact with HR. Asked what should employee require while out on Medical leave? There was no instructions of what was required by company. HR completed LTD papers and fired employee within 2 days. Other employees work at company while on light duty not related to job injury. Is this discrimination? What can he do?
1 ANSWER
4 Awards
Yes, an employer can fire an employee on medical leave because North Carolina is an employment-at-will state. If the medical leave is pursuant to the FMLA, and the termination is due to being absent for FMLA purposes, there could be a claim for wrongful firing based on the FMLA. Employers are not required to provide light duty to injured employees unless the light duty is a reasonable accommodation under the Americans With Disabilities Act. As for offering it to other employees, it may be discrimination. However, discrimination is unlawful in this state only if it is based on race, color, sex, national origin, religion, disability or age 40 or older. So, if all the women are given light duty when they need it for an injury, but the man is not, then it is possible that such discrimination is unlawful.
For a more in-depth analysis, set a consultation with an experienced employment attorney.
Answered on Mar 29th, 2017 at 5:26 AM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.