After having suffered respiratory failure while on FMLA and ended up with a trach to live, I was told by my employer I would be a liability to them when I told them my doctor was to release me to go back to work. They then terminated prior to be released to return to work, saying my FMLA expired and they no longer needed me. My doctor said I was able to domy job and they terminated me. Do I have any rights here at all? Thank You
Answered on: 5/15/04, 10:33 am by Benny Harding
Re: Useless nurse
From the bare facts that you have provided it appears that you have a cause of action and have been wrongfully terminated. Before I could be more definative I would have to know more about your employer, the number of employees, their policies regarding leave, if you are disabled, if you can perform the essential functions of your job, if you needed any further reasonable accommodation, the lenght of time you were off, how much sick time and vacation time you had available and how long you had worked for the company. I don't believe taht you have a discrimination case because I sense that following the procedure you are able to perform your job without restrictions; however what you may have is a retaliation claim as well as a possible claim for violation of the FMLA. But really I don't know until I have more facts. My office is in the Kansas City Area and you can respond to me at firstname.lastname@example.org.
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Benny J. Harding, Attorney at Law 4601 College Blvd. Suite 200 Leawood, MO 66211► Other answers from this attorney