Legal Question in Employment Law in Missouri
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.
1 Answer from Attorneys
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.
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