What are my rights ifI have been out of work due to a heart attack?

I had a heart attack. The boss says I have a job but he has put me off and will not give a straight answer. Can he legally do this? He gave me three weeks vacation pay that I already took. I this considered severance pay? Do I have a job?

Asked on September 28, 2010 under Employment Labor Law, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Vacation pay and severance pay are two different things.  But I would not worry about how this money is viewed at this point in time. I would speak with an employment attorney in the area.  You may be able to claim that you have a temporary disabilityand apply for that status under state law. I understand that in California, for example, it is covered under their Fair Employment and Housing Act even though the act does not come out and say it.  It is how the courts have interpreted the issue.  This would give you protections from being fired.  Most people think that "disabilities" must be permanent.  That is not the case.  And if you can be categorized as such then you are protected from firing. Good luck.


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