QUESTION
Is it considered wrongful termination if my husband was not able to perform all his duties because he is under doctor's care for health issues?
Asked on Mar 28th, 2013 on Labor and Employment - Texas
More details to this question:
My husband was terminated from his job due to his inability to perform the duties required. He is under a doctor's care for an injury to his shoulder. He has operations scheduled for April 8, and is also under the care of a neurologist for diagnosis of health issues. On Thursday March 14, the Neurologist offered to do the paperwork to take him out of work until his diagnosis was complete and he said he wanted to keep working. He was sent home on Saturday March 16 before his shift was complete because of his performance. He was called to the plant on Monday to talk with his employer, and went by the Neurologist office to pick up the paperwork taking him out of work. When he got to the plant, he was informed by HR that he was being terminated. My question is since he was under doctor's care for serious health issues - do we have any recourse against his employer - i.e. with regards to STD?
9 ANSWERS
Employment & Labor Attorney serving Weston, FL
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Behren Law Firm
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Could be disability discrimination claim. Also could be other possible claims if the injury was caused on the job.
Answered on Mar 29th, 2013 at 5:57 AM
Your husband might have a case if he was discriminated against based on disability, and/or retaliated against.
Answered on Mar 29th, 2013 at 5:56 AM
Insurance Defense Attorney serving Oceanside, CA
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Manuel J. Rodriguez
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Your husband should consult with an attorney who takes on wrongful termination matters in order to have his case properly assessed. If your husband injured his shoulder at work, he should hire a competent workers' compensation attorney. Termination of employment while a workers' compensation claim is pending is suspect and may entitle your husband to reinstatement, back-pay, etc. The workers' compensation claim may entitle your husband to further significant benefits and payments. The law limits the time within which to seek remedies. Waiting could be detrimental to his rights.
Answered on Mar 29th, 2013 at 5:55 AM
In Georgia, there are no WRONGFUL TERMINATIONS, unless you can show that the discharge was motivated by Race, Age, Sex, National Origin,Religion, Handicap: Georgia recognizes the doctrine of employment at will. Employment at will means that in the absence of a written contract of employment for a defined duration, an employer can terminate an employee for good cause, bad cause, a mistaken cause, or no cause at all, so long as it is not an illegal cause. Illegal causes are limited in Georgia to the EEOC/Discrimination grounds: Race, Age, Sex, National Origin, Religion, Handicap: If it is not on that list, it is not protected in GA.
Answered on Mar 29th, 2013 at 5:54 AM
He may have claims under the Americans with Disabilities Act (ADA) and/or the Family and Medical Leave Act (FMLA). I would strongly recommend that he consult with an attorney experienced at handling these types of claims in GA.
Answered on Mar 29th, 2013 at 5:53 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would need many more details determine whether or not he has rights, but generally, an employee is hired to work and if he is unable to do his assigned task employer is within their rights to terminate the arrangement
Answered on Mar 29th, 2013 at 5:53 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It depends on whether your husband asked for leave under the Family Medical Leave Act. It is probable that he would have gotten it and then the company could not have fired him. Since he didn't, the company may have been entitled to terminate him for being unable to perform. However, this is a fact-heavy situation and I suggest you talk with an attorney so he or she can ask all of the pertinent questions. Call the Idaho State Bar for a referral.
Answered on Mar 29th, 2013 at 5:52 AM
You should contact an attorney because more information is needed to answer your question about wrongful termination.
Answered on Mar 29th, 2013 at 5:52 AM
Bruce A. Coane
I'm sorry to hear that. There are laws that give certain legal rights and protections for disabled workers. It is possible that he could assert a legal claim.
Answered on Mar 29th, 2013 at 5:51 AM