Firing Under Doctors Leave

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Firing Under Doctors Leave

I was fired from a company almost a year ago while I was under “doctor’s leave” from being hurt on the job at that company. My question is do I have a legal right to sue this company for being fired while I was put on temporary medical leave from the company’s doctor?

Asked on May 13, 2009 under Personal Injury, South Carolina

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor


South Carolina is an "at-will" state which means that an employer can fire an employee without reason or cause.

However, even in an "at-will" state, you cannot be fired for reasons that violate state and federal laws. This includes the right to take medical leave.

If you decide to sue, you have 3 years (for personal injury) under the statute of limitations. 


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 AttorneyPages.com 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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