If I have cancer and am on medical restrictions but my boss is trying to make me work more than they allow, can she fire for trying to enforce my restrictions?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I have cancer and am on medical restrictions but my boss is trying to make me work more than they allow, can she fire for trying to enforce my restrictions?

My FMLA has expired because of my chemo and breast surgery. I am still currently taking chemo.

Asked on July 6, 2015 under Employment Labor Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you can be fired if you can't work full time or do the job for which you are employed. The employer is not bound by your medical restrictions (the doctor is not an executive or owner of the company, and can't tell it what to do): they hired you to do a certain job. If you can't do that job, which includes not being able to work the required hours, they can terminate you once you run out of FMLA leave to use. Many employers would voluntarily work with you and allow you to work a reduced or alternate schedule--but unfortunately, that is voluntary for them to do so; the law does not require the employer to let you work less hours or move you to, say, a different position with fewer hours. Employment is employment at will: the employer chooses to employ people, and can choose to not employ them if they are not adequately meeting the employer's needs.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption