QUESTION
I was terminated after being released from a doctor to return to work, is this legal
Asked on Jun 01st, 2013 on Wrongful Termination - North Carolina
More details to this question:
Was told I would be placed on family medical leave due to the time I was missing. I had the paper work submitted by a doctor and HR approved. After seeing several doctors and getting my paper work in order to be released to return to work a week later I was terminated.
1 ANSWER
4 Awards
North Carolina is an employment-at-will state and you can be fired at any time for any reason. You can only file a wrongful firing lawsuit if the motive for the termination was unlawful. Firing you once you have been released to return to work, by itself, is not unlawful. However, if you were fired because you exercised your rights under the FMLA or if you were deprived of your rights under the FMLA, then you may have a wrongful firing claim.
Answered on Jun 02nd, 2013 at 11:51 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.