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Is It Legal

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RPARMETE

Guest
I LIVE IN NEW YORK AND WAS FIRED FOR NOT COMMING TO WORK DUE TO AN ACCEDENT IN WHICH I HAD FRACTURED RIBS AND MANY OTHER INJURIES I PRODUCED A MEDICAL SLIP BUT WAS STILL LET GO IS IT LEGAL
 


Beth3

Senior Member
Yes, unless you qualify for FMLA. Clearly, your situation meets the definition of a "serious health condition" under the federal Family and Medical Leave Act.

In order to determine whether this applies to you, you need to post back and tell us (1) how long you've worked for this company (2) approximately how many employees they have and (3) whether you are full-time or part-time.

And just to clarify, did they fire you for being absent or did they fire you for not calling them and reporting your absence?
 
R

RPARMETE

Guest
I WAS THERE ABOUT 8 YEARS AND WAS FULL TIME AND DID CALL AND LET THEM KNOW WHAT HAPPEND AND THEY HAVE ABOUT 20 PEOPLE
 

Beth3

Senior Member
The federal FMLA applies only to employers with 50 or more employees. Sorry, you're out of luck there.

You may contact your State's DOL and inquire if you have a State version that is more generous but the odds are that is very unlikely. Sorry but it looks like there is no legal basis to contest your separation.
 

cbg

I'm a Northern Girl
If they only have 20 employees than FMLA is not a factor and they are not required to hold your job while you are out for medical reasons.
 

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