If I was fired due to a temporary medical condition, ismy employer required to give me my job back with back pay?
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If I was fired due to a temporary medical condition, ismy employer required to give me my job back with back pay?
About 7 months ago I was fired from my job due to a temporary medical condition. Last week I was contacted by the same employer asking me to come back. If I return to that employer am I entitled to back pay?
Asked on February 27, 2012 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, the company would not have to provide back pay, unless you had sued the company (or the labor, or equal rights, department/division had filed a complaint on your behalf) and there had been a judicial determination that the firing was wrongful and that you were owed back pay. Otherwise, if the firing was proper (or least not contested judicially by you), then you fired 7 months ago; you did not work for 7 months, and therefore did not earn any salary; and now the company has chosen voluntarily to rehire you, which is something it was not required to do. Its decision to voluntarily rehire you does not make it liable for the time you were not working.
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