Is this wrongfull Termination

[ssnt1129]

What is the name of your state? West Virginia

The question I have is:

I know someone that broke a bone OFF the job and was unable to work. When they went to work on next regularly scheduled day they were told that they could either quit or get fired. The person can not do the job that they were doing before they got hurt also.

There is a union in this work place also and they have contacted the union rep, but I am just wondering if an employer can terminate your job because you may be off work for a few weeks.

Any input will be greatly appreciated.

Thanks

 

[Beth3]

That largely depends on whether the FMLA (family and medical leave act) applies. In order to determine that, we need to know:

1. How many individuals this company employs at the site they're at and within a 75 mile radius.
2. How long this employee has worked for the employer.
3. Whether the employee worked at least 1,250 hours in the 12 months preceeding their injury.

The other issue is whether the CBA specifies any leave time the employer is obligated to extend, to what "classes" of employees, and for what reasons.

 

[cbg]

The short answer to your question is, yes, IN SOME CIRCUMSTANCES it is legal for an employer to let you go if you are not going to to available for work due to illness or injury.

You have not provided enough information for us to say whether or not these circumstances exist here or not.