Is it legal for a company to fire an employee who is unable to return to work after the twelve week FMLA?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal for a company to fire an employee who is unable to return to work after the twelve week FMLA?
The employee is fighting colon cancer. He had surgery and complications following surgery. He is still under doctor care and undergoing chemotherapy treatments. He was made to use all his company sick leave and vacation time available, them the twelve weeks FMLA followed, with out pay, of course. He just received an e-mail of his being released from employeement (fired) and he would have to pay the insurance on his own. Is this a legal proceedure?? It sure seems unfair to someone battling cancer. Thank you very much.
Asked on May 18, 2009 under Employment Labor Law, Texas
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
I'm very sorry to hear about this case, but it sounds as if the employer lived up to its obligations under the law. To be certain, you should have the employee talk to an attorney in your area, and one place to find a labor and employment lawyer is our website, http://attorneypages.com
Employment in Texas, as in most states, is "at will," which means there doesn't have to be a reason for firing, with very limited exceptions. If all his sick leave, vacation and FMLA time has been used up, and he still can't go back to work, it may be very difficult to find any reason to fight this.
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.