Legal Question in Employment Law in Missouri

wrongful discharge

My son was fired from his job because he was sick and had to leave work. He is an insulin dependent diabetic, His supervisor is aware of His medical condition. We believe he was wrongfully discharged.

Asked on 8/20/02, 11:33 am

1 Answer from Attorneys

Timothy O'Reilly The Law Firm of O'Reilly & Jensen, LLC

Re: wrongful discharge

Your son may be covered under the Family Medical Leave Act ("FMLA") or the American's with Disabilities Act ("ADA"). For FMLA purposes, he would need to be employed for over 1 year, have worked 1,250 hours in the previous 12 month period and not exhausted his 12 week FMLA leave. The employer would need to have over 50 employees within 75 miles of where your son worked. Also the technical requirements of a "serious health condition" or a "chronic serious health condition" must exist.

The ADA analysis is more difficult and I would need to talk with you about major life activities that he is substantially limited in.

Please call me or e-mail directly for a free consultation.

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Answered on 8/20/02, 11:55 am

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