wrongful termination

[jjones1531]

What is the name of your state?Texas I have been with my job for 13 year. I went to the Dr. on the 20th of Dec found out I had a torn rotator cuff, Chiari malformation, and problems with my spine but nothing bad with it. I went back to work told my boss I had to have surgey on my shoulder the 29th and on my head in March. two days later she lets me go. I have always done my job never been wrote up for anything, I am always there. Can this be legal? thanks

 

[racer72]

If you want an answer, turn off the caps key and cut the length of your post in half.

 

[jjones1531]

If you want an answer, turn off the caps key and cut the length of your post in half.

I turned off my caps did not know. Can My boss do this to me?

 

[cbg]

I didn't see the original post that you were advised to cut, so maybe you provided this information there. The answer to your question is, it depends.

1.) How many employees does your employer have within 75 miles of your location?
2.) In the last 12 months, have you worked a minimum of 1,250 hours?
3.) How much time have you missed, total, in the last 12 months?
4.) What reason did they give for firing you?

 

[jjones1531]

1. There are 33 employees
2. yes I have worked that many hours.
3.1 day for a funeral and 2 days for jury duty.That was the only days I took off for the whole year. I did take two days vac.
4.she said that the reason she was letting me go was that I should know everything in that lab inside and out but no one else does neither. She also said She could hire someone cheaper to do my job. I havent had a raise in 3 years. I was only making $9.00 an hour.


I feel like the torn rotator cuff was due from the heavy lifting that I was doing all day long but I never said anything about it because I loved my job My husband has insurance on me so I filed under it.My boss did know that I had been going to the Dr for my shoulder but as I said I never complained about the heavy lifting till the day caome when I couldnt lift anything. Please let me know if I can do anything about this. Thank you so much

 

[cbg]

Sorry, no, there is nothing you can do about it. Since there are only 33 employees you do not qualify for FMLA which would provide you with up to 12 weeks of medical leave with your job protected. Texas does not have any state equivalent. It is legal for her to fire you.

If you thought the injury is work related you should have filed it as a workers comp claim. That, too, would have provided you with some protections. Sorry.