Can an employer let you goif you have a doctor’s note for an on-the-job injury?

UPDATED: Jan 2, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jan 2, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can an employer let you goif you have a doctor’s note for an on-the-job injury?

My husband found out last night that he no longer has a job even though he has a doctor’s note stating that he cannot return to work for 2 weeks. He was injured on the job and originally had a note stating that he could return to work 5 weeks ago with his cast on. Yet when he spoke to his boss he said not to worry about coming in until he was 100%. He got his cast off about 10 days ago wherein the doctor gave him another note stating he could return on the 17th after he got movement and strength back in his wrist. We didn’t think we had anything to worry about; his boss paid him his daily pay up until the middle of last month.

Asked on January 2, 2012 under Employment Labor Law, Arkansas


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It sounds like his employer committed an unlawful termination. You need to have your husband get his timeline correct. First, begin by filing for unemployment because you don't want to lose out on any rights by waiting. Second, you need to contact the labor department and find out if they or the Equal Employment Opportunity Commission handle unlawful termination. If your husband is part of a union he may wish to speak with his union representative at this point. Further, he may wish to speak with private labor counsel about his unlawful termination. If he was on disability and gone for less than 12 weeks and his employer and he qualified under FMLA (Family Medical Leave Act), then he had no reason to be fired.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption