Can an employer let you goif you have a doctor’s note for an on-the-job injury?

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Can an employer let you goif you have a doctor’s note for an on-the-job injury?

My husband found out last night that he no longer has a job even though he has a doctor’s note stating that he cannot return to work for 2 weeks. He was injured on the job and originally had a note stating that he could return to work 5 weeks ago with his cast on. Yet when he spoke to his boss he said not to worry about coming in until he was 100%. He got his cast off about 10 days ago wherein the doctor gave him another note stating he could return on the 17th after he got movement and strength back in his wrist. We didn’t think we had anything to worry about; his boss paid him his daily pay up until the middle of last month.

Asked on January 2, 2012 under Employment Labor Law, Arkansas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It sounds like his employer committed an unlawful termination. You need to have your husband get his timeline correct. First, begin by filing for unemployment because you don't want to lose out on any rights by waiting. Second, you need to contact the labor department and find out if they or the Equal Employment Opportunity Commission handle unlawful termination. If your husband is part of a union he may wish to speak with his union representative at this point. Further, he may wish to speak with private labor counsel about his unlawful termination. If he was on disability and gone for less than 12 weeks and his employer and he qualified under FMLA (Family Medical Leave Act), then he had no reason to be fired.


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