if someone gets laid off when they come back to work off a medical release & are told thats why they were laid off 4 being off 2 long can we sue them?

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if someone gets laid off when they come back to work off a medical release & are told thats why they were laid off 4 being off 2 long can we sue them?

my husband was off work for nearly 3 mos. due to prostatitis. he had dr’s notes stating that he could not work and work releases. he was on short term disability then the dr finally released him to go back. the day he came back to work they laid him off and told him that he was being laid off cause he was off too long and because they were laying people off. plus before he was released we heard from several people he worked with that they were planning on laying him off before they even told him! do we have grounds to sue for wrongful termination?

Asked on June 14, 2009 under Employment Labor Law, Oklahoma

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Hearsay, hearsay, hearsay.  You cannot base a lawsuit on hearsay.  Listen, most states are "employment at-will".  This means that, absent any discriminatory reasons and contracts, an employer can fire an employee for no reason at all.

 

So, what you do is the following:

1. Contact the Oklahoma Dept of Labor and file an inquiry and unemployment http://www.ok.gov/odol/; and

2. Contact a labor lawyer in your state to determine if you have a case.  Try www.attorneypages.com and check his or her record at the Oklahoma State Bar.


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