CanI be fired ifI am on-call but need to go to the hospital for myself?

UPDATED: Oct 28, 2011

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CanI be fired ifI am on-call but need to go to the hospital for myself?

I was just fired and I need to know what Ican do? I’ve done my job well and I’ve never been late or been written up for anything.

Asked on October 28, 2011 under Employment Labor Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The answer is yes or no depending on what else has happened prior to your termination and what your employer knows about your medical situation.  Texas is an at-will employment state which means that either the employee or employer can end the employment relationship at anytime.  The exception, however, is if the employer fires an employee for an prohibited reason like discrimination or violation of some federal law.  The two areas that could possibly apply based on the limited information that you've provided are FMLA and ADA.  FMLA stands for the Family Medical Leave Act.  If you had a medical condition that qualified for FMLA, and your employer then fired your for an approved leave, then they cannot fire your without facing an FMLA lawsuit.  To obtain this protection, you would have had to have completed FMLA paperwork prior to being absent.  ADA stands for Americans with Disabilities Act.  If your medical condition met the requirement of being disabled and required an accommodation of going into the hospital for certain periods, then that may also qualify for protection.  Again, to obtain this protection, you would have had to request the accommodation and complete the paperwork for an ADA accommodation prior to your termination.  It's not enough that you tell your employer after the fact.  Other facts or issues may exist that were factored into your termination.  If you think there was more to your termination, then you may want to at least consult with an employment law attorney to see what other specialized protections may be available to your situation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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