Can I sue for wrongful termination after being fired following medical leave for a back injury?

Employment

Richard

76,546 satisfied customers

View context

Solved

Based on your situation, there are several legal arguments and considerations in employment law that could potentially support your case:

1. Wrongful Termination: This occurs when an employee is fired in violation of legal rights or company policy. If your termination was due to taking medical leave, it might be considered wrongful.

2. Disability Discrimination: Under laws like the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against employees with disabilities. If your back injury qualifies as a disability, firing you for taking leave could be discriminatory.

3. Family and Medical Leave Act (FMLA): This federal law allows eligible employees to take unpaid, job-protected leave for specified family and medical reasons. If you were eligible and your leave was protected under FMLA, your termination might violate this act.

4. Retaliation: If your termination was in retaliation for taking medical leave or asserting your rights under FMLA or ADA, this could be illegal.

Employee’s serious health condition, form WH-380-E

Full Conversation

I was wrongfully terminated from my job last month and want to talk to a lawyer to discuss the chain of events and then see if I have a case. Thanks.

Lexi, Chatbot

I'm sorry to hear about your wrongful termination; that must be very difficult for you. Can you tell me more about the circumstances surrounding your termination?

I was on Short-term disability leave due to a back injury. I had to take full leave because my job doesn't allow for light duty work. I was later fired for performance reasons.

Lexi, Chatbot

Have you had any prior discussions with your employer regarding your termination or any related issues?

No.

Lexi, Chatbot

Is there anything else the Employment Lawyer should know before I connect you? Rest assured they'll be able to help with your wrongful termination.

Yes.

Richard

Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance. Please be advised that this website is for information purposes only, and I cannot formally represent customers of this website or perform actual legal services on your behalf.

I understand you were terminated for performance reasons after returning from a medical leave due to a back injury.

Richard

Based on your situation, there are several legal arguments and considerations in employment law that could potentially support your case:

4. Retaliation: If your termination was in retaliation for taking medical leave or asserting your rights under FMLA or ADA, this could be illegal.

Richard

76,546 satisfied customers

Welcome! Have a similar question?

By messaging AskALawyer, you agree to our Terms and Privacy Policy.

Liz

Lawyer

4.75 (43,836)

[MO] Can a union member or shop steward legally record a meeting with labor management?

Answered 22 hours ago

Richard

4.26 (76,546)

Can an employer fire a driver for refusing to run illegal hours or log books?

Answered 24 hours ago

Lawyer, Esquire

Attorney at Law

5.00 (25)

[GA] Can a former contractor sue for travel pay and misclassification under the FLSA?

Answered 2 days ago

Disclaimer

By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.

The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.

Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.

AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.