Firing Under Doctors Leave

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Firing Under Doctors Leave

I was fired from a company almost a year ago while I was under “doctor’s leave” from being hurt on the job at that company. My question is do I have a legal right to sue this company for being fired while I was put on temporary medical leave from the company’s doctor?

Asked on May 13, 2009 under Personal Injury, South Carolina

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor


South Carolina is an "at-will" state which means that an employer can fire an employee without reason or cause.

However, even in an "at-will" state, you cannot be fired for reasons that violate state and federal laws. This includes the right to take medical leave.

If you decide to sue, you have 3 years (for personal injury) under the statute of limitations. 


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