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?

UPDATED: Jun 14, 2009

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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


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 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.

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.

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