What to do if I was terminated after I had surgery?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I was terminated after I had surgery?
I have been working off the books for 2 years and recently recieved reconstructive knee surgery which my employer was given a month’s notice and I was allowed the time off. Prior to recieving the surgery I was told by my employer that my employment would not be at risk and would be able to return to work when I recover. After a month of recovery I was able to walk and return to work as per my Doctor. When I went to speak to my employer about returning to work I was told that my employer “assumed” that I was not returning to work and that my position has been filled, terminating my employment. Please note that during the time of recovery both I and my caretaker were in contact with my employer and explained that I would be returning to work.
Asked on December 26, 2012 under Employment Labor Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Under the laws of all states in this country a person is terminable at the will of his or her employer. The termination is legal so long as the employer can justify the termination on business grounds and the termination does not result from the employee being discriminated as being part of a protected class.
From what you have written about, you may not have any legal recourse for your termination. I suggest that you consult further with a labor law attorney and/or a representative with your local department of labor for further evaluation of your matter.
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.