QUESTION
Is it legal to fire someone when they are out on medical leave in the State of North Carolina?
Asked on Jun 03rd, 2014 on Labor and Employment - North Carolina
More details to this question:
Told my Supervisor I had to leave and go to the doctor I was under so much stress and felt like I was falling apart. After going to my doctor, he wrote me out for 5 weeks and suggested that he would fax them a note from his office and did not want me to return there until that time. They sent out an email to all Dept. of Social Service employees that my last day was April 14th and I was not notified until April 23rd by a letter. Over 50 people have either quite, left or took early retirement due to the stress in Onslow County DSS. The bullying and all the mean awful treatment has actually made people physically ill including myself! Is it legal that they fired me without notification or while being under medical leave?
1 ANSWER
4 Awards
In general, the law does not prohibit an employer from firing an employee on medical leave. However, if the employee is on, or should have been on, FMLA and the employer fires the employee, then that is likely unlawful.
Answered on Jun 04th, 2014 at 3:56 PM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.