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  1. #1
    Join Date
    Jun 2013
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    3

    Default Fired While on Approved Medical Leave

    My question involves labor and employment law for the state of: Kentucky

    I worked for a Contractor. By that I mean a Temp Agency that hired for a business. While at work I injured my back and had to go to the ER. The doctor put me on leave for a week. After that I returned to work, but the pain was still there. About a week later I went back to the doc for my checkup and told him the medication he had given me weren't helping. He put me back on leave for a week. The day before I was supposed to return I got a call from my employer saying to bring in my uniform, badge etc because I was fired. I wasn't told why. I filed for unemployment and received some shocking info. My employer stated the reasons for my termination was for "unsatisfactory attendance". The unemployment office looked into it and found that my "unsatisfactory attendance" was the two weeks I was on approved medical leave. Moreover, before that I never received any warnings about attendance, written or verbal. I had no idea. So I'm looking into suing my former employer in the hopes that I can at least get back-pay from the months I was unemployed. Do I have a case, or were they within the law?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fired While on Approved Medical Leave

    They were within the law. If you filed a lawsuit, you would lose.

    However, if you injured your back while at work you may well have a workers comp claim.

  3. #3
    Join Date
    Jun 2013
    Posts
    3

    Default Re: Fired While on Approved Medical Leave

    How do I go about that, and what will I receive?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fired While on Approved Medical Leave

    You notify your employer, who is the temp agency and not the business you were contracted to, that you were injured at work and you need to file a claim. Any medical bills will be paid and you will receive partial wage replacement.

    Now, let me (possibly) backtrack and ask you one question. How long had you been working there?

  5. #5
    Join Date
    Jun 2013
    Posts
    3

    Default Re: Fired While on Approved Medical Leave

    Not long enough for FMLA unfortunately. Around 8-9 months.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fired While on Approved Medical Leave

    Then my earlier answer stands. Outside of FMLA it is perfectly legal to fire you for attendance reasons, even if you have not been given a warning and even if the reasons are medical.

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