My dad was fired because he wasnt cleared by his doctor from having is triple bypass within three months is that legal ?

UPDATED: May 13, 2009

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My dad was fired because he wasnt cleared by his doctor from having is triple bypass within three months is that legal ?

He is live in maintnance for a company. His triple bypass was done the end of january and his doctor has not cleared him to go back to work. He has a lease for his apartment and he pays rent i was wondering if it is legal for them to evict him also.

Asked on May 13, 2009 under Employment Labor Law, New Jersey


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Your father should talk to a lawyer who specializes in labor and employment law.  One place that you can start looking for qualified counsel is our website,  You can also look in the telephone book, for your county bar association's lawyer referral service.

The federal Family and Medical Leave Act (sometimes abbreviated as "FMLA") gives workers the right to 12 weeks of unpaid leave for medical problems -- and, what is probably more important here, the right to be notified of their rights under the FMLA by their employer, as the law has been interpreted by the courts.  There are other laws that might apply as well.

Eviction works differently, sometimes, for situations like your father's, and the detailed facts (including the written lease, if there is one) would be important, to a good answer to that question.

None of these issues would be things your father would be wise to try and tackle on his own, even if he were in good health.  Please help him get an attorney, as soon as possible.

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 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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