If I’m in union, can I be fired while under doctor’s care for light duty?

UPDATED: Sep 30, 2022

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If I’m in union, can I be fired while under doctor’s care for light duty?

The company that I work for shut part of the plant down. Now they have like 50 extra people so the ones that haven’t been there 90 days, the company has openly have made it known

they are going to get rid of people. However, since I’ve been there for less than 90 days, I can’t draw unemployment.

Asked on April 1, 2016 under Employment Labor Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can't be fired for having a medical condition or being treated by a doctor; however, you may be fired, terminated, or laid off for otherwise valid unrelated reasons, such as a reduction in force or restructuring, where decisions as to who stays and who goes are made on neutral criteria, like time in service. d on what you write, this appears to be legal.

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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