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can i be let go due to medical reasons

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pasqual13

Junior Member
What is the name of your state (only U.S. law)?
utah

can i be let go due to a surgery take will keep me out of work for 10 days?
i called my job's service who takes care of all medical leave.
i just started collecting vacation and sick leave at my job 4 days ago so i dont have any yet. my doctor said i wont be able to go back to work for 10 days and the company my job uses said theres a possibility i would be let go because i dont have job security yet because i havent worked there for 12 months yet.
is this legal? i have a note i handed to them from my doctor. and told them about it in advance
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)?
utah

can i be let go due to a surgery take will keep me out of work for 10 days?
i called my job's service who takes care of all medical leave.
i just started collecting vacation and sick leave at my job 4 days ago so i dont have any yet. my doctor said i wont be able to go back to work for 10 days and the company my job uses said theres a possibility i would be let go because i dont have job security yet because i havent worked there for 12 months yet.
is this legal? i have a note i handed to them from my doctor. and told them about it in advance
**A: yes they can do that.
 

cbg

I'm a Northern Girl
If you are not eligible for FMLA (and if you have not yet worked there for 12 months, you are not) then yes, you can be let go if you miss more days of work than the employer finds acceptable, even if the reason is medical.
 

commentator

Senior Member
But if they do terminate you for being out for a medical reason, as soon as you are released again by your doctor, file for unemployment benefits. Because if you are monetarily eligible, (have enough wages in the past 5 or 6 quarters from any covered employer, not just this one)and you are terminated from your job with a doctor's excuse for your absence, it's not going to be considered misconduct, and you will be able to be approved and draw unemployment until you find another job.
 

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