What are my rights ifI have been out of work due to a heart attack?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights ifI have been out of work due to a heart attack?
I had a heart attack. The boss says I have a job but he has put me off and will not give a straight answer. Can he legally do this? He gave me three weeks vacation pay that I already took. I this considered severance pay? Do I have a job?
Asked on September 28, 2010 under Employment Labor Law, Kansas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Vacation pay and severance pay are two different things. But I would not worry about how this money is viewed at this point in time. I would speak with an employment attorney in the area. You may be able to claim that you have a temporary disabilityand apply for that status under state law. I understand that in California, for example, it is covered under their Fair Employment and Housing Act even though the act does not come out and say it. It is how the courts have interpreted the issue. This would give you protections from being fired. Most people think that "disabilities" must be permanent. That is not the case. And if you can be categorized as such then you are protected from firing. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.