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Sick and fired

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lewdster

Junior Member
What is the name of your state?Texas
Yes I know I am in a " right to work state" but I was just wondering about my situation:
I have been working for this company for the past 17 years, I am 65 years old, about ready to retire.
This past February I had to have surgery performed, ( stints in my main artery in my right leg) Then after I healed from that surgery I had to have 3 stints in the main artery in my abdomin.
I was just released from the hospital yesterday on 8/24/05.
I am on short term disability, I received a letter from my employer 8/21/05 that I had been terminated because I was absent from work for 6 months.
I am 65 years old, facing many debts due to the 2 surgeries and I still need surgery on my left leg. As a result of the dismissal I will not have insurance to cover the next surgery.
Is this legal? Do I have any recourse?
Any help would be wonderful
 


cbg

I'm a Northern Girl
I'm afraid you're not going to find the response very wonderful, because yes it is legal and no you do not have any recourse. The MAXIMUM time the employer is required to hold your job for you is 12 weeks under Federal law, and your state does not have any comparable law that gives you any greater rights. Your employer held your job twice as long as he was required to. No matter how legitimate the need for additional medical leave; no matter how many doctor's notes you have; no matter what age you are or how valid the illness, at any time after 12 weeks you can legally be termed.

Unless you have a VALID reason to believe that someone of comparable job length and job position, but who is under 40, would have been granted more than six months medical leave, you are out of luck.

BTW, right to work means you cannot be forced to join a union in order to get work. You mean Texas is an employment-at-will state.
 

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