If I was fired while medical leave, can I take legal action?

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If I was fired while medical leave, can I take legal action?

I went on medical leave for a month when I was diagnosed with MS. It was documented and communicated with my manager, however I found out when I returned that I had actually been fired, and told it was a “glitch ” in the system, then was processed as a rehire with the company. I ended up losing a paycheck because of it. The company did end up paying me for time worked but I’m afraid I may end up having getting fired on my employment record. My manager said not to worry about it. I am beyond frustrated.Should I seek legal action? Is there anythingI can even do?

Asked on June 20, 2012 under Employment Labor Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no such thing as an "employment" record in the way you seem to think--there is no central repository of such data. Your only employment record is that which you provide on applying for job, etc.

It is possible (though unlikely) that if you do list your employment history and someone calls your employer to verify it, that if the call is taken by someone without direct knoweldge of the situation, that they might, if they read your personnel file, say that you had been fired but rehired. There is an easy way to deal with that situation--if anyone is going to call to check your employment history, simply tell them in advance that when you took medical leave, it was accidentally processed as a termination, not a leave, so when you returned to work, it was initially called a rehiring. That way, whomever calls will know that if they are told you are fired and rehired, that that's what happened.


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