Had a heart attack,November 16, 2013 on December 20, 2013 terminated no medical professional saying return to work not possible?

Asked 11 months ago - Enfield, CT

I am 35 years old I have worked for the company for 3 years. The company was notified by my parents of my condition in person as I was on life support for a week. The company did not receive notification from any medical professional that I would not be able to return to work. Five weeks later they terminated me and canceled my insurance.

Attorney answers (3)

  1. Nicholas M. McLeod

    Contributor Level 13

    2

    Lawyers agree

    Answered . The ADA may protect you from discharge and impose upon your employer an obligation to accommodate your disabling medical condition, provided it has more than 15 employees. The FMLA, which potentially would afford you 12 weeks of unpaid leave, requires that you worked full-time for at least one year prior to the leave. The FMLA applies to employers with 50+ employees.

  2. Alexander Granovsky

    Contributor Level 9

    1

    Lawyer agrees

    Answered . If your employer has 15 or more employees, you would probably be eligible for leave under the FMLA (family and medical leave act). The FMLA makes it illegal to retaliate against employees for taking medical leave. The employee is required to notify the employer as soon as practicable (obviously, you wouldn't have to do so while on life support). Your parents' notification is probably sufficient.

    This also might be a disability discrimination issue depending on your condition.

    Contact an employment lawyer - there might be something here.

  3. Paul Stewart Abney

    Pro

    Contributor Level 8

    1

    Lawyer agrees

    Answered . You should contact an employment attorney in your area to discuss your rights in this situation. As the other attorneys have suggested, you may have been eligible to take leave under the Family Medical Leave Act. If certain conditions are met, the FMLA provides you with up to 12 weeks of leave. At the end of that 12 week period, your employer must allow you to return to your old job, or a substantially similar job within the company.

    However, like I said, the FMLA has some very specific eligibility requirements, some of which are hours worked during the last year, number of individuals employed by the company within a 75 mile radius, and even your salary in a few limited situations.

    I recommend contacting an attorney in your state who is experienced in pursuing claims under the FMLA as soon as possible.

    THESE COMMENTS SHOULD NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for... more

Related Topics

Employee health benefits

Health benefits from an employer may include health insurance, Flexible Spending Accounts, Health Savings Accounts, and other ways of subsidizing health care.

Termination of employment

Termination is when your employer ends your working relationship and you no longer work at the company. You must be paid for all hours worked until termination.

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