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Can I sue my employer for wrongful termination if fired while out on doctor ordered medical leave under WA employment law

Tacoma, WA |

I was fired while I was out on medical leave with a doctors note. I was fired via email. What rights do I have?

fractured my foot and out of work. I have dr note. I asked to return by phone and my boss would not take my calls. Two days later received an email that office is busy and she has some personal issues and my jobs were reassigned. Worcester Ma

Attorney Answers 1


Depending on whether your employer is covered under the Family and Medical Leave Act and whether you are a covered employee, you may have rights to job restoration upon return from medical leave. Your employer is covered if it has more than 50 employees within 75 miles of where you worked. You are covered if you had been an employee for a year or more at the time you requested the leave and had worked at least 1250 hours during the prior year. If you fit these requirements, then the question is whether your medical leave constituted a serious health condition as defined by the law. If you were under the continuing care of a doctor -- that is that you saw the doctor more than once or were on prescrption medication and if you needed to be out 3 days or more (not necessarily consecutively) you fit under the FMLA. If you fit these criteria, you should contact an employment lawyer.

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