Can my employer fire me when I have not been fully released to go back to work due to a failed surgery that needs to redone?
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Can my employer fire me when I have not been fully released to go back to work due to a failed surgery that needs to redone?
Asked on November 29, 2011 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
As a general rule, an employer is NOT obligated to retain an employee who does not show up for work, or is unable to work, even for medical reasons. There are exceptions, such as if you are on Family and Medical Leave Act leave (which would require, at the outset, that your employer have at least 50 employees to be covered), or possibly if you were injured at work and have filed for Worker's Compensation. However, apart from those exceptions, your employer may terminate you if you do not or cannot work. Moreover, even when an employer cannot fire you for beinig out for medical reasons, the employer could still fire you for other good cause (e.g. a general downsizing or restructuring; violating company policy).
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