Termination because of medical issues

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Termination because of medical issues

I live in Texas. I work for Cheniere LNG
and just recovered from having a stroke.
No disability, but worried that when I
go back to work on Monday, they might
let me go because of it. I have a
medical release.

Asked on October 5, 2018 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They cannot terminate you for having had a stroke. You could only be terminated if:
1) You missed more days due to the stroke then you had a combination of FMLA leave (assuming you were eligible for it--you can find eligibility criteria on the U.S. Dept. of Labor website), which is up to 12 weeks, and paid time off off (sick and vacation days). You can't miss work without using FMLA or PTO, even for medical reasons, and if you miss too much could be fired for absenteeism.
2) You did have some impairment or disability which prevents you from doing core or important parts of your job, since an employer does not need to employ or pay someone who can't do the work. 
If you are terminated other than as per 1) and 2) above, contact the federal EEOC about filing a complaint.


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