QUESTION
Can your employer fire you on the day you return to work after a major surgery and your still in doctor’s care after 25 years of employment?
Asked on Aug 27th, 2012 on Labor and Employment - New Jersey
11 ANSWERS
Dennis P. Mikko
If you are an at-will employee, the employer can fire you at any time for any reason or no reason at all just not for an illegal reason. Since you have not indicated why you were fired it cannot be determined if it is an illegal reason.
Answered on Sep 07th, 2012 at 10:41 AM
Personal Injury Attorney serving Beverly Hills, CA
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Engelman Law, APC
An employer can terminate a position for any non-discriminatory purpose. If the sole purpose of your termination was your surgery, you may have a claim for wrongful termination. However, if there was a non-discriminatory purpose for your termination (I.e. Downsizing, etc.), your medical condition would not give you any elevated protection against termination. Therefore, you should speak with an attorney regarding the specific circumstances of your termination to discuss whether you have a claim for wrongful termination.
Answered on Aug 31st, 2012 at 3:45 PM
Workers Compensation Attorney serving San Bernardino, CA
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Nancy Wallace, Attorney at Law
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California is an "At Will" employment state, therefore the employer can terminate the relationship at any time for no reason. IF you can show the employer's reason was illegal
Answered on Aug 31st, 2012 at 3:44 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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I am sorry to hear about your losing your job. It is not possible to answer this question based on the information you have provided. Much depends on your individual situation. I strongly suggest you consult with an employee-side labor lawyer to determine what rights you have. It is possible that you have a theory of discrimination based on a disability that arises from your surgery. You will need to show more than simply being under a doctor's care, however. You must show that you suffer a limitation on a major life activity. An employment labor will help you figure this out. It is possible in theory that you have a claim that you could only be terminated for cause, but the chances of that do not strike me as high. Again, that is something you should discuss with an attorney. I would see an attorney as soon as possible, so that you do not lose any rights due to the statute of limitations.
Answered on Aug 31st, 2012 at 3:43 PM
Bruce A. Coane
Yes. Not fair, and might even violate discrimination laws.
Answered on Aug 31st, 2012 at 3:41 PM
This depends on the given reasons for your termination. It sounds like you could be a disability discrimination case given the length of your service and the timing of the termination, but you should consult with a local employment attorney to discuss the specific facts of your situation.
Answered on Aug 31st, 2012 at 3:40 PM
In GA, an employer may discharge you for any reason, including a bad reason, so long as they do not violate your Federal EEOC laws. That would be limited to race, age, sex, national origin, religious beliefs, and handicap. If you think that is what happened to you, you should consult with an attorney that handles EEOC cases.
Answered on Aug 31st, 2012 at 3:39 PM
Probably not unless there was a legitimate reason for the termination. Your case likely has ADA implications for which you should contact the EEOC, and possibly FMLA issues for which you should contact the Department of Labor.
Answered on Aug 31st, 2012 at 3:37 PM
Jonathan Wall
That depends on a variety of factors. Are you eligible for FMLA protected leave? Was the surgery related to a disability? Were there other legitimate reasons for the termination? The answers to these questions generally require a lawyer's insight. I would recommend you immediately contact an employment lawyer who regularly represents employees.
Answered on Aug 31st, 2012 at 3:36 PM
It depends on your overall situation as an attorney would need to know all the facts in order to evaluate what type of claim or claims you may have against your former employer. So contact an employment attorney immediately.
Answered on Aug 31st, 2012 at 3:35 PM
Criminal Defense Attorney serving Cherry Hill, NJ
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Law Offices of Richard Sparaco
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It depends on the terms of your employment contract/agreement.
Answered on Aug 31st, 2012 at 3:34 PM