QUESTION
Can I be fired I be fired after missing a week of work due to a legitmate medical problem?
Asked on Jan 24th, 2014 on Labor and Employment - Georgia
More details to this question:
I was working for jewelry kiosk at the mall last Christmas season. One day I fell down some stairs and could not stand or walk for a few days. I went to a doctor and a chiropractor and they both advised me not to go back to work for at least two weeks, however I went back to work within a week. When I went back to work, I worked for a week and then got laid off the week afterward. When I talked to my manager about why I was laid off she told me it was because she had to work on her days off while I was off and she had hard feelings about that. Can she fire me because of this?
1 ANSWER
Labor and Employment Attorney serving Atlanta, GA
2 Awards
It appears that your job is seasonal in nature. Unless you worked for your employer for at least 12 months., and in the 12 months preceeding your accident you worked at least 1250 hours for your employer, and unless your employer employs at least 50 people within a 75 mile radius of where you worked, your employer can terminate you. Unless all the conditions recited in the preceeding sentence apply to you , the Family and Medical Leave Act does not apply to you because you are not an eligible employee, and/or your employer is not a covered employer.
Michael A. Caldwell
404-979-3150
Answered on Jan 24th, 2014 at 3:45 PM