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My getting fired......Was it legal?

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S

sardene

Guest
hi I live in florida. I have recently been terminated from my job which I held for 10 years. In August of 2000 I got very sick and was finally hospitalized in sept of that year. After I got over the inital sickness I still was very run down. So by Oct of 2000 I had used all my sick and annual leave. I then ask to be placed on medical leave which was approved. Finally in Jan 2001 my doctor finally officially diagnosed me with Chronic Fatigue Syndrome. At this time I was somewhat better but no way near being over it. By mid Jan he thought it prudent that I try and go back to work starting part time. It was to see if I could handle it. Mon-Wed-Fri 4 hours a day. The first week I worked the 4 hours on Mon. That wed I had a dr appt which is 70 miles away. By Friday I was tired I went in but turned around and came home. The second week: Monday went to doctor because my left leg and and foot was swollen twice its normal size. I didnt like what my regular dr told me so tues I called and got an appt with my internalist for that wed. (70 miles away). I worked that friday. On that day fri 2/2/01 I was ask to commit to working 40 hours. I told them I could not that I had no idea how I would feel. as it was I worked my 4hrs went home and slept for 6hrs. Well come the following monday my supervisor ask me about it and again I said there was no way I could commit to 40 hours at that time. When friday of that week came 2/9/01 I was handed my termination and seperation papers by the executive director. I can understand their reasoning. However it doesnt change the fact that it is beyond my control to be able to work the 40 hours the job required. I feel after 10 years of service to this company they could have found something part time for me aleast. I dont know if this was legal on their part or not or what alternatives I might have in my favor. I would appreciate the help.

Sincerely

[Edited by sardene on 02-18-2001 at 01:23 PM]
 


ALawyer

Senior Member
I do not know if you had any employer paid disability insurance, or qualify for state disability coverage. Or the size of the employer to know if just maybe the federal Americans With Disabilities Act or Family Medical Leave Act applies, or a state version may apply. Or if they may have singled you out on the basis of race, color, age, etc. and treated you differently than anyone else. Have you asked the state labor department about this? That's the first place to g. If it is possibly a work-stress related illness, workers comp may apply.
 

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