QUESTION
I was recently terminated from my workplace for failure to return to work-I am on STD and was on FMLA. I was offered a severance, should I accept it?
Asked on Aug 08th, 2017 on Wrongful Termination - North Carolina
More details to this question:
I had surgery in March and went on FMLA leave in May. I also started receiving STD. The gap in time is due to the fact that my employer decided to stop accommodating my dr. notes after several weeks. During my time out for recovery additional issues were discovered and I had to have another surgery, which lengthened my time out of work. I was recently terminated from my workplace and offered a severance in exchange for my silence, basically. I am not sure if I should accept this, or pursue an alternate course.
1 ANSWER
4 Awards
You should consult with an experienced employment attorney to fully discuss and have them review the severance agreement. Now, having said that, employers in North Carolina are allowed to fire employees who are not at work due to medical or health reasons unless the absence is covered under the FMLA. If the absence is not covered, for example you have run out of the 12 weeks of FMLA leave, then absent a rare situation where a law called the ADA or one of the discrimination laws apply, the employer is legally free to terminate you "at will."
Answered on Aug 09th, 2017 at 2:05 PM