Legal Question in Employment Law in Georgia

I was hospitalized for two days and when I went into work the next day I was told by another employee that I was replaced. My boss has not contacted me or returned my calls. I fainted at work and someone called an ambulance so the store was shut down for about 20 minutes. Can I sue my boss for firing me for being sick?


Asked on 3/05/14, 6:01 pm

1 Answer from Attorneys

Michael Caldwell DeLong, Caldwell, Bridgers & Fitzpatrick LLC

The answer depends on (1) whether the employer is covered by the FMLA, AND (2) whether you are eligible for FMLA leave. If the company has at least 50 employees the employer is covered. If you have both worked at least 12 months for the employer over the past 7 years and you worked at least 1250 hours in the 12 months preceding the day you went to the hospital, you are eligible for up to 12work weeks of leave. Your employer thus would be violating the FMLA unless you already had taken 12 weeks of leave in the past 12 months,

Michael Caldwell

404-979-3154

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Answered on 3/05/14, 7:04 pm


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