Can you be fired for getting an injury?
Question Details:
My girlfriend slipped and fell on some ice in the apartmentt complex she lives in. When she fell it tore her ACL and meniscus. We went to the ER and the doctor gave her a note excusing her from work. The company she worked for terminated her for her injury even after she went back. I was wondering if it is legal to terminate someone for personal injury even if it didn't happen at work?
There are federal laws that protect her but only if the employer is fairly large (over 50 employees). If the employer is large, then contact the state or federal department of labor and explain it to them. Of course, as with everything, it is a metter of proof, but the note id prima facie evidence of the basis for termination. Has she been in any type of trouble previously? Be brutally honest here. The employer has it documented even if only internally through emails between the supervisor and a manager or HR. Under Federal law, with some few exceptions, she is allowed to take time off, without pay unless she takes earned time off, for up to 6 weeks or so a year without penalty for medical reasons so long a s a doctor approves it. Here is a link to the DOL fact page on the Family and Medical Leave Act. http://www.dol.gov/whd/regs/compliance/whdfs28.pdf Good luck.
