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  1. #1
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    Mar 2009
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    Default Fired While Written Off on Doctors Note

    My question involves labor and employment law for the state of: Michigan. While written off of work due to a slipped disk in my back. My employer fired me within the written time off that my doctor gave me. To make matters worse I was still going to work during my written time off because I my employer did not want me to take the time off. Was it legal to fire me? I have spoke with half a dozen lawyers and not a single one of them can answer the question, "Can I be fired while written off on a doctors note?". Are there any laws written regarding this situation if so I need a link to it. I have a medeation meeting with my past employer at the EEOC and I need this to back me up. Many people have told me that I should have never been allowed to even work untill I was cleared to go back from my doctor. PLEASE HELP!!!!!!!!

  2. #2
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    Jan 2006
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    28,102

    Default Re: Fired While Written Off on Doctors Note

    do you know what FMLA is? IF so, is it applicable to you?

    If yes, then, unless you already used up your allotted time off, they could not fire you, legally.

    If you are not covered by FMLA, they can terminate you as they did.

  3. #3
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    Mar 2009
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    Default Re: Fired While Written Off on Doctors Note

    The company was not covered under the FMLA. If they could fire me, what act of law is it written in? I would love to read up on it. I have read through many laws regarding employment trying to find this and I have not had any luck.

  4. #4
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    Default Re: Fired While Written Off on Doctors Note

    the laws are not something that allows something. They are restrictive. If there is no law not allowing something (restricting it) then it is legal.

    a doctors note carries no weight in the law unless it is for workers comp or FMLA is involved.

  5. #5
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    Aug 2007
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    Default Re: Fired While Written Off on Doctors Note

    Quote Quoting deantanski
    View Post
    The company was not covered under the FMLA. If they could fire me, what act of law is it written in? I would love to read up on it. I have read through many laws regarding employment trying to find this and I have not had any luck.

    The doctrine is known as employment "at will", handed down from the Common law of England. Unless the termination is forbidden by law, statutory (such as Title 7, EEOC jurisdiction) or the common law (court/judge made law), an employee can be discharged for any reason, just or unjust.


    You work at the will of the employer and the employment relationship is terminable by either party at any time (emphasis added).

    Were you off on a worker's compensation claim, or just off due to an out of work injury?


    You mention an EEOC claim! For what? Race discrimination/religious discrimination, etc., etc.??

  6. #6
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    Aug 2007
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    Default Re: Fired While Written Off on Doctors Note

    Quote Quoting jk
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    the laws are not something that allows something. They are restrictive. If there is no law not allowing something (restricting it) then it is legal.

    Laws can be positive or negative in nature.

  7. #7
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    Sep 2005
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    Default Re: Fired While Written Off on Doctors Note

    Quote Quoting deantanski
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    My employer fired me within the written time off that my doctor gave me. To make matters worse I was still going to work during my written time off because I my employer did not want me to take the time off.
    I'm not clear on what happened. Did you take any time off or not?

  8. #8
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    Jun 2006
    Location
    Massachusetts
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    17,812

    Default Re: Fired While Written Off on Doctors Note

    There is no law anywhere in the United States that says you cannot be fired as long as a doctor "writes you off". The doctor does not run the employer's business. If FMLA does not apply, a doctor's note is worth exactly what the employer chooses to consider it. It has no legal weight. The employer can honor it to the letter or throw it in the trash and disregard it; both are legal.

    Even if FMLA applies, the longest an employer has to hold a job for your is 12 weeks. On week 13, day 1, you can legally be fired if you have thirty-six doctor's notes "writing you off" for a longer period of time.

    There does not have to be a law giving an employer permission to fire you when you have a doctor's note. Since there is no law prohibiting him from doing so, he can.

  9. #9
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    Jan 2006
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    Default Re: Fired While Written Off on Doctors Note

    Quote Quoting BOR
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    Laws can be positive or negative in nature.
    not to get into a huge discussion but post a positive law as an example for me, if would would, please.

  10. #10
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    Aug 2007
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    Default Re: Fired While Written Off on Doctors Note

    Quote Quoting jk
    View Post
    not to get into a huge discussion but post a positive law as an example for me, if would would, please.

    There are laws that prohibit conduct and laws that mandate a duty.

    Such are the "stop and identify" statutes we have discussed before, they do not prohibit conduct, they mandate conduct, the providing of a name, I.D. when asked.

    Here are a few others examples, from the Ohio Revised Code. All of these require a person to do an act.

    http://codes.ohio.gov/orc/2927.21

    http://codes.ohio.gov/orc/2921.22

    http://codes.ohio.gov/orc/2921.23

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