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Employment Termination question

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billjj

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

Have a question concerning employee termination. A hospital employee was terminated from her job upon her return to work following minor surgery. She was sent home from her employer approximately 10 days prior after her manager found her wearing a wrist brace. The employee informed her manager she thought she may be developing carpal tunnel and had made an appointment to be seen by a hand surgeon later that week for an initial visit. She was immediately sent to the employer health nurse and was told she could not return to work until the surgeon found her 100% able to work without restrictions. She had the surgery performed with no complications.

She followed up with surgeon and was cleared to return to work without any restrictions. She returned to work with the medical clearance only to be told her manager (in passing) that she no longer works there and that a certified letter was mailed to her home yesterday explaining the termination.

She has not violated any policy, did what she was told and was terminated in absentia. To me, that seems highly unethical. Does she have any legal recourse? Thanks for your time.What is the name of your state (only U.S. law)?
 


JETX

Senior Member
She has not violated any policy, did what she was told and was terminated in absentia. To me, that seems highly unethical. Does she have any legal recourse?
On the surface, it sounds like your 'friend' may have a cause of action. However, the issues of employee termination while injured or complaining of injury is a complex area. The best solution would be for your 'friend' to contact a local employment attorney who could review ALL the facts and timetables and give proper accurate information.
 

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