fired while on medical leave

[kstanton81]

What is the name of your state? florida
Help, don't know what path to take
i was just released of my duties cause my boss didn't want to take a chance of me getting rehurt on the job, let me exsplain;
i was hurt on the job back in november 2003, went back to work on the 5th of december and went to doctor on the 29th of december cause my injury was giving me troubles and doctor put me on another medical leave, i go back to doctor on january 27,2004 to see if able to go back to work but my boss has released me of my duties cause he dosen't want to take a chance of me getting hurt and put on another medical leave, when i asked him why he said he had to drop his workman comp insurance cause they raised his rates to where he can't afford to pay the premiums( which i believe is a lie), when i asked him to sign a paper stating he released me due to medical problems he said he couldn't cause it would be a lie but to me when he said he wasen't taking a chance of me getting rehurt that is moreless the truth,, can he fire me for this reason ,
when i was on my medical leave i was arrested for a small amount of cocaine and spent a week in jail, can he use that also for reasoning of dismissal, since he let me come back to work after i was released from jail, don't know whay way to turn, need some advise, thank you- kstanton81

 

[Beth3]

You need to see an attorney. There are potential legal issues here regarding FL's WC regulations, the ADA (they are treating you as though you have a disability), and possibly the FMLA (depending on how long you worked there.) The arrest for cocaine certainly is a complicating factor. Whether your employer can discharge you for being arrested while "off duty" depends on their policy and FL's laws on the subject.

Your situation is complicated enough that only an employment law attorney practicing in Florida can advise you.