termination due to medical disability

[Guest annfoley]

The company I work for has a 6 month introductury period. After working for only 6 weeks I was diagnosed with lupus and my doctor requested that I go on 2 months disability to recover assuring me that my job status could not be affected. However, I just got a letter from the company to say that I was terminated and that they could do that as I was still in the introductory period. What can I do and what are is my legal position. What resources can I refer to

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[Guest rdrenfro]

You did not indicate your employer's business location or the number of employees your employer regularly employs. Neither did you indicate how long you were on medical leave when you were notified of your employment termination. You need to get the answer to each of these questions before determining what if any legal rights have been violated by your employer's actions. Lupus may be the type of disease that may be deemed to impair a major life activity (i.e., a disability), and may therefore afford you certain legal protections, primarily involving employment discrimination: it may be unlawful for your employer to discriminate against you in the workplace on account of your non-job related disability (Federal Americans with Disabilities Act and its state law equivalent, if any). Moreover, due to the seriousness of your medical condition, you may have the unfettered right to request a medical leave of absence under (a) established company policy, (B) the Federal Family Medical Leave Act, and/or © your state's family medical leave act equivalent, if any. If your employer discriminated and/or retaliated against you for exercising your legal right to request and take a "family medical leave of absence", you may be able to enforce these legal rights against your employer through a governmental regulatory agency (EEOC, or state equivalent) and/or a court of law. Since the timing for filing an employment, disability, or any other employment related discrimination claim (whether with a government agency or in a court of law) is a separate legal issue, you would be well advised to seek the immediate advice of a local, knowledgeable employment law attorney.

[Guest nac]

The federal Family Medical Leave Act has a minimum service requirement of 12 months and 1000 hours. 6 weeks of employment will not qualify for protection under that particular act.

Check to see if you have a state act and, if there is one, what the minimum service requirement is.

[Guest SuperRinger]

Terminated while under doctors care.

I would like to know if a large fabrication company (South Loiusiana) employing over 1500 can legally terminate someone who had been hurt on the job and under doctors care. Employee is 55, a diabetic.

App 40 reduced in force on a monday

Employee goes to personal doctor after co. doctor diagnossed the problem as the Shingles.

Employee goes to personal doctor on a tuesday and reports back with a fractured rib.

Supervisor wants to know when employee will be able to go back to work.

Employee advises that the doctor said light duty and no heavy lifting.

Thursay, supervisor and human resources manager lays off employee (reason: reduction in forces). Employee reminds them of his fractured rib and diabetes.

Still laid off.

Employee forces issue and was able to draw small compensation for 7 weeks.