Wht are my rights if I was wrongfully termination due to illness?

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Wht are my rights if I was wrongfully termination due to illness?

I’ve committed to my employer for almost 10 years. I relapsed 7 months ago making me either be hospitalized for treatment or out patient. I chose out patient to minimize my absentiism. I requested a leave of absence to complete the treatment beginning 5 months ago at which time I was denied and then I was let go. Need to know what I can do about this please.

Asked on August 8, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It may be, unfortunately, that you were not wrongfully terminated. If your company is not covered by FMLA leave (i.e. doesn't have at least 50 employees within a 75-mile radius), it would not be obligated to give you sick leave; that is, other than as required by the Family and Medical Leave Act or very similar state laws, employers do not have to let employees take time out for medical treatment. So if your employer would not be covered by FMLA, they could terminate you in this situation.

Also, even if covered by FMLA, if you did not specifically request or apply for FMLA leave, the company would not necessarily be obligated to give it to you.

However, the above said, if the company is large enough to be covered under FMLA, you should speak with an employment law attorney about whether you should have been allowed leave under it (there are some other criteria relating to your illness, medical treatment, etc. which have to be met). If so, you may then have a claim for wrongful termination.


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