Can my employer fire me when I have not been fully released to go back to work due to a failed surgery that needs to redone?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my employer fire me when I have not been fully released to go back to work due to a failed surgery that needs to redone?
Asked on November 29, 2011 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
As a general rule, an employer is NOT obligated to retain an employee who does not show up for work, or is unable to work, even for medical reasons. There are exceptions, such as if you are on Family and Medical Leave Act leave (which would require, at the outset, that your employer have at least 50 employees to be covered), or possibly if you were injured at work and have filed for Worker's Compensation. However, apart from those exceptions, your employer may terminate you if you do not or cannot work. Moreover, even when an employer cannot fire you for beinig out for medical reasons, the employer could still fire you for other good cause (e.g. a general downsizing or restructuring; violating company policy).
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 AttorneyPages.com 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.