If I was firedbecause I broke my foot and am now unable to drive the1 hour trip to work, do I have legal recourse?

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If I was firedbecause I broke my foot and am now unable to drive the1 hour trip to work, do I have legal recourse?

I was just fired due to breaking my foot and have to be off of work. I was in the hospital several months ago with heart and lung problems; I had a heart cath and missed a few days of work. I am a part-time employee.

Asked on August 6, 2011 West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you were using some form protected leave--e.g. the Family and Medical Leave Act leave (not: only companies with over 50 staff are covered by it, and you woud have had to have worked a certain amount of time to qualify, too)--or were using sick days or other PTO (if any), to cover the absences, then you should not have been fired. You can't be fired for using a protected leave and should not be fired for using days you've earned.

On the other hand, in the absence of protected leave or using enough earned days to cover your absence, you may be fired, unfortunately. A company does not need to employ someone who does not or cannot come into work.


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