My dad was fired because he wasnt cleared by his doctor from having is triple bypass within three months is that legal ?

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My dad was fired because he wasnt cleared by his doctor from having is triple bypass within three months is that legal ?

He is live in maintnance for a company. His triple bypass was done the end of january and his doctor has not cleared him to go back to work. He has a lease for his apartment and he pays rent i was wondering if it is legal for them to evict him also.

Asked on May 13, 2009 under Employment Labor Law, New Jersey

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Your father should talk to a lawyer who specializes in labor and employment law.  One place that you can start looking for qualified counsel is our website, http://attorneypages.com  You can also look in the telephone book, for your county bar association's lawyer referral service.

The federal Family and Medical Leave Act (sometimes abbreviated as "FMLA") gives workers the right to 12 weeks of unpaid leave for medical problems -- and, what is probably more important here, the right to be notified of their rights under the FMLA by their employer, as the law has been interpreted by the courts.  There are other laws that might apply as well.

Eviction works differently, sometimes, for situations like your father's, and the detailed facts (including the written lease, if there is one) would be important, to a good answer to that question.

None of these issues would be things your father would be wise to try and tackle on his own, even if he were in good health.  Please help him get an attorney, as soon as possible.


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