What to do if I was terminated after I had surgery?

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What to do if I was terminated after I had surgery?

I have been working off the books for 2 years and recently recieved reconstructive knee surgery which my employer was given a month’s notice and I was allowed the time off. Prior to recieving the surgery I was told by my employer that my employment would not be at risk and would be able to return to work when I recover. After a month of recovery I was able to walk and return to work as per my Doctor. When I went to speak to my employer about returning to work I was told that my employer “assumed” that I was not returning to work and that my position has been filled, terminating my employment. Please note that during the time of recovery both I and my caretaker were in contact with my employer and explained that I would be returning to work.

Asked on December 26, 2012 under Employment Labor Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country a person is terminable at the will of his or her employer. The termination is legal so long as the employer can justify the termination on business grounds and the termination does not result from the employee being discriminated as being part of a protected class.

From what you have written about, you may not have any legal recourse for your termination. I suggest that you consult further with a labor law attorney and/or a representative with your local department of labor for further evaluation of your matter.


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