Terminated While Under Doctor's Care

[Daddyo930]

What is the name of your state (only U.S. law)? Illinois.I was injured while working in May of 2008. While under my doctor's care, I was terminated in November of 2008. I have retained an attorney for Workers Compensation; however, I wonder if I have any recourse. I have just undergone a grueling round of cortisone injections into my neck and back. Also, I am presently receiving unemployment insurance.

 

[pattytx]

Even if FMLA applied (which we don't have enough information to determine), you were out WAY longer than the 12 weeks FMLA provides. Work Comp does not provide job protection; only FMLA leave does that.

Have you been medically released to return to work? How are you qualifying for unemployment benefits if you have not?

What type of "recourse" are you looking for?

 

[cbg]

If you are wondering if you have a lawsuit based on the myth that you cannot be terminated while under a doctor's care, that is all that it is - a myth. There is no such law. Once FMLA has expired, you can legally be terminated, no matter how many doctors are participating in your care at the time.