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Can your employer fire/discharge you while you are on medical leave?

Eaton Rapids, MI |

Have been on medical leave for about 6 1/2 months. was about to be scheduled for surgery. recieved letter stating that I had been discharge because I have been gone too long.

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Attorney answers 2

Best Answer
Posted

Are you on medical leave because of an
"on-the-job" injury? You would have a
claim against employer. Did you file
a workman's comp. claim?

OR was this injury NOT related to
your job? If yes . . . employer can
fire you (at-will employment).
However, if you have a disability
you might have a claim against
the employer.

You NEED to talk to an employment
attorney ASAP to discuss the particular
facts of your case with. Good luck!

THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL REPRESENTATION.

Posted

In Michigan, employees are an at-will employee. So an employer can fire you for almost any reason. The most applicable exception for you is the Americans' with Disabilities Act. It requires an employer to provide a reasonable accommodation for an employee's disability. Depending on your disability, you may have been eligible for some sort of accommodation. The most important question you would need to answer for an attorney is — whether you are disabled as defined by the ADA? Whether you requested any accommodation or what conversations did you have with your employer about your disability? What type of job was it, and would it have been reasonable for the employer to provide you with additional time off. You may have a claim, but it is going to be heavily dependent on the answer to the questions I have posed. I would advise you to speak to an attorney with the answer to those questions in mind.

Attorney's answer to this question is given for informational purposes only. Every factual situation is different and changes the application of the law to those facts. You should not rely on the answer as advice for your situation. By answering this question, no attorney-client relationship is intentional created, nor should one be implied. Before taking any actions, you should consult with an attorney to advice you on your specific situation.