Do I have a case against my former employer for wrongful termination?

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Do I have a case against my former employer for wrongful termination?

Received a letter on the 21st stating that I was terminated effective immediately; the letter was dated on the 6th. I have been on an HR approved medical leave for almost 4 months that will end in 5 months. HR knew nothing of the termination because the proper paper work was not filed.

Asked on August 23, 2012 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are on medical leave that was approved by your employer (prior to you going on leave), then the employer should not be able to terminate you legally due to your absence, the fact that you are not working, your medical condition, etc. However, being on medical lease does not preclude termination for other valid reasons, such as insubordination or violation of employer policy, poor performance, restructuring or lay offs, etc. So the key issue  is WHY were you terminated. If you think you have may have been terminated due to the leave or the underlying medical condition, in violation of the agreement to let you take leave, you may have a cause of action and should consult with an employment law attorney to explore it in more detail.


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