What are my rights if I was terminated by my employer after being hospitalized?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my rights if I was terminated by my employer after being hospitalized?

I have a note stating that my contract was ended because I was hospitalized. Is this legal? I am a contractor working for a staffing company.

Asked on September 13, 2015 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can't be terminated because you have a medical condition or disability. You may, however, be terminated if
1 You missed work without prior approval from your employer and without either--
a Having sufficient earned PTO and using it to cover the absence and/or
b Qualifying for and using Family and Medical Leave Act leave you can find the eligibility criteria on the U.S. Department of Labor website.
Missing work, even due to a hospitalization, is grounds for termination.
2 You can no long do your job after the hospitalization--employers do not need to keep on employees who cannot do their jobs.


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