In the state of SC would this be a lawsuit

UPDATED: Oct 2, 2022

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In the state of SC would this be a lawsuit

Twisted my ankle pretty bad on the job,
asked boss man if I could use a helper,
he said no just take the week off. At
the end of the week he told me to come
get my check and leave the keys to the
work truck, basically firing me without
saying the actual words

Asked on September 11, 2019 under Employment Labor Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Generally, you can be fired from work if you miss it, even due to an on-the-job injury, unless you used PTO or FMLA leave to cover the absence. BUT you can't be fired if the employer told you that you could take time off and you only took it after being told to: in that case, your absence was not unauthorized or unexecused. Contact your state department of labor to see if they can help you; if they don't, you should be able to sue the employer.

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 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.

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