Getting Fired For A Medical Condition, Disability or Work-Related Injury

Recently, I have posted about the “at-will employment rule” and what it means.  Virtually everyone is employed “at-will,” which means that the employee can resign — or be fired from — his or her job at any time, for any reason or for no reason at all.  There, however, exceptions to the “at-will” employment rule.

If you were fired from a job and you are within one of these exceptions, then you may have a wrongful termination case against your former employer.

Here is one exception – an employee is terminated because of her own – or a family member’s – medical condition, disability or work-related injury.  Federal and state laws (including the Americans With Disabilities Act, the Federal Family and Medical Leave Act, the Massachusetts Fair Employment Practices Act and the Massachusetts Workers’ Compensation Act) prohibit employers, in a variety of circumstances, from firing employees who have disabilities, sustain work-related injuries or require time away from work in connection with a health issue (or that of a family member.)  In my experience, many employers do not properly train or advise their managers about coordinating the employer’s various obligations under these laws.

For instance, the federal Family and Medical Leave Act (the FMLA) generally applies to employers with 50 or more employees.  When it applies, and assuming certain conditions are met, an employer must allow its employees to take unpaid leave for specified family and medical reasons.  This leave can be taken consecutively or intermittently.  The FMLA requires the employee to, among other things, hold an employee’s job while that employee is on leave.

I have seen situations where employers with fewer than 50 employees believe – incorrectly – that an employee on leave can be terminated.  For instance, Company ABC has only 35 employees, concludes (correctly) that the FMLA does not apply to it and, therefore, that it need not hold an employee’s job.  Consequently, Company ABC terminates the employee on medical leave and fills her position.  In my opinion, Company ABC is potentially liable for wrongful termination.

In this hypothetical, Company ABC’s mistake was analyzing its obligations under ONE law only and failing to consider what other legal obligations it may have – outside of the FMLA – to the employee.  If this employee was on leave because of her own medical condition, and if that medical condition constitutes a “disability” under the Americans With Disabilities Act (the “ADA”), then Company ABC should have considered whether providing a temporary medical leave to the employee was a “reasonable accommodation” under the ADA.  Company ABC should have considered the applicability of other laws also, for instance, if the employee was on leave because of a work-related injury under the Massachusetts Workers’ Compensation Act.

In my next post, I will talk about an employer’s duty to provide “reasonable accommodations” to a disabled employee who is otherwise able to perform the essential functions of her job.  This legal obligation is, in my experience, the one that employers most often fail to honor.

I represent individuals and businesses in a variety of employment matters, including claims for unemployment benefits, cases involving violations of wage and hour laws, gender, disability and other forms of discrimination, failure to accommodate and retaliation claims.

Click here if you would like to speak with me about your own wrongful termination or employment-related issue, and thanks for reading.



312 thoughts on “Getting Fired For A Medical Condition, Disability or Work-Related Injury

  1. My boyfriend got fired from Krogers last night. He has a medicinal condition with his syatic nerve in his lower back. He called to tell them he was going to the hospital and the manager was very rude so David said never mind I’ll be there talk to you later bye. He showed up to work on time and they told him his services are no longer needed. This is the second time he was fired from Krogers and for the same reason. I just want to know what and is there something he can do about it.

  2. Alexis:

    Thanks for your comment, and I am sorry to hear of those circumstances. The answers to your questions depend on some additional facts. You should have David contact the office directly to further discuss.



  3. My husband was recently written up at work for appearing “too lethargic” during work hours. He has a thyroid condition and has not been feeling well. He went for blood work and to the dr to find out that his thyroid med had not been properly filled at the pharmacy and his thyroid was so off that the dr said he didn’t even know how he wasn’t in a coma. They have readjusted the mess but it takes 6-8 weeks for the body to adjust. He was spoken to again at work. Can he be terminated ? What kind of documentation , if any, should he get from the dr?

    1. Thanks for your comment, Jen. Your husband’s employer is required to provide reasonable accommodations to your husband’s condition if he is capable, with that accommodation, of performing the essential functions of his position. The employer cannot accommodate something it does not know about, however. In order to trigger the employer’s duty to accommodate, your husband must request the accommodation and notify the employer that the request is linked to his medical condition. The initial request does not need to be in writing, but your husband may be required to provide additional documents if the employer requests them. See this blog article for more information I hope this is helpful. Feel free to contact me directly at the office if you have further questions.

      Take care,


      1. hi a friend of mine has been off from work numerous time but if not for herself being admitted into hospital the children were admitted, this past week she was admitted into hospital once again her employer sent another employer to see whether she was in hospital and she was forced to take a photo with a bunch of flowers and a empty card this photo was sent out through out the company her employer also called her the below is what she has emailed me:

        Margaret phoned me 20.01.2017 – 09.37am shouting me asking me why am i making her do my work for a whole week, when all i am doing is lying in a bed feeling sorry for myself, she said that i have to otions i can leave the hospital and come back to work or second option she will cancel my contract, she also advised that i have lost all my perks of pnp vouchers, increase and dec bonus, she also demanded that i work every Saturday and Sunday unit i work my hours back as i am loafing in hospital. She said even when she is sick she is at work.

        About an hour after that Letitia PRO arrived at hospital with flowers and an empty card, i asked her how did she no where i was and she said she contacted roland and roland told her where i was. My manager and margaret sent her to make sure i am in hospital, she also stated that she needs to take a photo to show Margaret that i am in hospital. I said i did not want to take the photo and Letitia insisted

        I need to find out if there is anything that she can do and what her rights are regarding this matter!!!

  4. I have a chronic cough from acid reflux. My coughing is off and on, I can go weeks without any symptoms and then it can come back where I will continually cough for about two or three weeks. My employer says I am a distraction, and even though none of my co-workers have complained the owner has. I have been to a specialist and the only way I can cure the damage to my esophagus at this point is with surgery, something I can not afford. Can my employer require me to have the surgery to keep my job? Also if I refuse because of cost and missing the time off work with no pay, can they fire me? I have been with my company for almost 2 years.

    1. Thanks for your comment, Letanya. No one can force you to have surgery. See this blog post regarding your employer’s obligation to provide reasonable accommodations that will allow you to continue working. If you are terminated, the answer to your question depends on various factors (which are hard to pin down for something that has not happened yet.) I am happy to talk this through with you. Feel free to contact me directly at the office for more information. Regards, Janie

  5. I was terminated from my job for “sleeping”. I was leaning back in my chair with my eyes closed because I was feeling nauseous and getting dizzy. I believe my blood sugar was low as I am diabetic. There are medical records on file with them and my doctor. I was even hospitalized while employed there from my condition. They are well aware of my situation. I was not hiding in a corner or anything I did it in plain view not trying to hide anything. When I explained this to plant manager he said well it sounds to me like you were sleeping and I have to terminate your employment. Is there anything I can do?

      1. I have diabetes and I’m working for security company we don’t have leave so I didn’t feel we’ll I told the manager that I’m not we’ll now I’m fired what must I do

      2. I had a fall on Dec26,2014, I was seen by two doctors knee surgeon and Primary Care. I was taken out of work for 6 months and gave my job the notice and there reply was ok we will see you back in June 2015, Well i filed for unemployment and the employer stated that i was discharged and suspended for misconduct, I have no clue about the misconduct, I havent received a letter from my job stating why i was discharged or terminated, they also claimed i didn’t have any wages for the months o Oct-Dec, but i was working those months and received a pay check for those months. I’m confused to why i didn’t receive anything stating i was discharged, do i need to seek legal advice

  6. I was terminated from a salaried job after providing a medical statement stating I could only work 8am-530pm (which is normal office hours). The company stated they could not accommodate that schedule and it would be in the best interest of the company and myself if we parted ways. Is this legal?

    1. Melissa:

      It MAY not be legal. Your employer may have a duty to accommodate your request. My practice is in Massachusetts and New Hampshire. If you are employed in either of these two states, you should feel free to contact me directly at the office (978/534-9771) to talk this through. If you are employed in another state, I would urge you to immediately contact an attorney in that state that handles wrongful termination matters. You can also check this blog post for more information.

      Thanks for your comment, and for reading the blog.



  7. I had an appendectomy and surgery complications which has kept me from not being able to work. I was keeping my supervisor updated on what was going on. One afternoon my supervisor called stating he wanted a doctors note by the end of the day, which would give me about 3 hours, and I responded that there was no way I could get it for him in that time due to the fact that I wasn’t allowed to drive as per doctors order and there wasn’t anyone available to help me. Since I wasn’t able to do it that day, he stated that he was going to terminate me without giving me other options on turning in the paperwork like accepting it by email or the next day. A week later I received a letter from my supervisor stating that I was being terminated due to the fact that I didn’t show nor call the days before he called to ask for the paperwork. Is this legal?

    1. Rico:

      Your employer may have had a duty to accommodate your need for time off, but a further answer depends on the circumstances. My practice is in Massachusetts and New Hampshire. If you are employed in either of these two states, you should feel free to contact me directly at the office (978/534-9771) to talk this through. If you are employed in another state, I would urge you to immediately contact an attorney in that state that handles wrongful termination matters. You can also check this blog post for more information.

      Thanks for your comment.



  8. I have seropositive severe Rheumatoid Arthritis diagnosed October 15, 2012. My doctors took me off work July 21, 2012 because they thought I had double severe carpal tunnel and was getting ready to do surgery when they found out about the RA. I went downhill very fast in October and was bedridden for 3 months. My doctors continued to give me a medical excuse not to return to work until I was able with a minimal amount of standing and use of my hands. I asked my boss to accomodate the request by giving me a chair and perhaps lift my keyboard enough where I didn’t have to reach down and click the mouse. Every time I gave him the doctors note he replied, “he didn’t have anything.” The last note was in June 2013 for 3 more months of medical evaluation and limited work. He replied, “well I guess I have to let you go then.” That was it. Fired. No trying to accomodate me in anyway. I was with them for 5 and 3/4 years and was a very hardworking, dependable person until I took ill. I never thought I would be treated like that. what can I do?

    1. Tawunya:

      Your employer may have violated a duty to accommodate you and, if so, you may have a case for wrongful termination. I am more than happy to speak with you by phone to talk this through if you wish to contact the office. 978-534-9771. If you were employed outside of Massachusetts or New Hampshire, I would urge you to contact an attorney in your state. Thanks for your comment.



  9. “Getting Fired For A Medical Condition, Disability or Work-Related Injury | JLV Law Blog” ended up being a really wonderful blog,
    . Continue authoring and I’ll try to continue to keep browsing! Thanks for the post -Mariam

  10. I have a question. I dislocated my knee cap at work on Oct. 8 2013. I turned in a akward manner which caused it to become dislocated. I have been doing therapy and seeing the doctor as i should. I was out of work for 8 days. Went back under the doctors orders of sit down only work. I revistied the doctor today and was released to do other things but still restricted to certain duties at work. (no climbing,squatting,stooping or carrying anything heavier than 25 pounds) My supervisor…one of many made the comment to me that if I wasnt released from the Doctor that i should probably start to look for another job. Its only been 3 weeks since it happened and im still under doctors orders. Can they fire me for a injury while still being under doctor care? Im still able to work just not fully as i was before he injury happened. The doctor told me not to do these things. Please Help!

    1. Bryan:

      I wish there was a simple answer to your question, but the real answer is “it depends.” These cases are evaluated based on their individual facts. Your employer may have a duty to accomodate your condition. See this post for more information. If you are employed in Massachusetts or New Hampshire, feel free to call the office and I will gladly talk this through with you further (978/534-9771.) If you are employed in another state, you should contact an attorney in that state that handles plaintiff or employee-side discrimination claims.

      Thanks for your comment.



  11. My best friend was hit by a car in a crosswalk walking to the first day of a new job. Once she was able to return to her job she gave them orders from her doctor that she can not work full time as she is recovering from a brain injury. It has been a month of working part time and she has picked up from them they are unhappy with her work schedule requirements and she just found out they intend to fire her. Is that legal?

    1. Melissa:

      Wow, that really stinks. Here is what I can tell you. Your friend’s employment is likely “at-will,” which means she can be terminated at any time for any reason or no reason. See Your friend has a wrongful termination claim only if she is within an exception to the “at-will” rule. I have discussed some of those exceptions in this blog. Your friend MAY fall into one of the exceptions but I would need more information from her. My practice is in Massachusetts and New Hampshire, so she can call me to talk this through if she is employed in one of those states. Otherwise, she should contact an attorney in her state. She should, in any event, also contact an attorney who handles motor vehicle accidents regarding the injuries she sustained when she was hit.

      I hope this is helpful, and thanks for reading the blog.



  12. I have been diagnosed with anxiety disorder and depression. Additionally I had
    Surgery in Sept of 2012 until the end of October 2012 and was allowed to go back to work with limited duties mobility. I had a relapse and was under doctors care till November. Ultimately in December due to my disabilities and overall pain, my doctor put me on leave the entire month of December. The same week I told supervisor, she said, i need to evaluate you before you leave.
    At the end of the year she lowered my overall scores .

    Is that legal? I was demoted and sent to a less than desirable work place.I was denied a bonus and denied promotion.

    Do I have a complaint?

    1. Jay:

      You may. You should contact me at the office — — to discuss this further if you are employed in Massachusetts or New Hampshire. If you are in another state, you should immediately contact an attorney in that state that handles plaintiff/employee-side employment matters.

      Best of luck, and thanks for reading the blog.



  13. I been employed with the police dept since Feb,1996. Since that time I have had a number of days off sick due to the death of my mother and father, serious medical issues with my oldest sister, etc. I have been to ease at work to help the situation, then I started having serious headaches that were intolerable,and suddenly wanted to just be alone, crying at any given time not knowing why. I would even make it to work and park but would continue to cry profusely. I then learned through my doctor that I was suffering from migraine headaches, depression and anxiety in which I now take medications for and is much better. Well my mgt administration is trying to terminate me even after knowing my chronic medical disorder. I tried to get FMLA but was denied, not knowing why. I went to see the Safety Director last week with my employee union president and all of my proper medical documentation and also with a letter from my doctor explaining my current medical situation. My commander,lieutenant,and sgt(all women) sat on the panel and lied terribly stating that they know nothing of my medical situation and it was the first that they heard of it(after they constantly ask me if I have taken my medication. so they were aware. My Safety Director want to review why I was denied FMLA so he wants to see me in two weeks to determine if I will be terminated or not. How do I dispute the lies? What do I do?

    1. I am sorry to hear of these circumstances. You have a lot of legitimate questions and your situtation likely touches on several different state and federal laws, including the Americans With Disabilities Act and the FMLA. If you are employed in Massachusetts or New Hampshire, you should contact me directly at the office to talk this through further.

      If you are employed in another state, you should immediately contact an attorney in that state.



  14. Hello,

    I was terminated at my job for excessive fatigue associated with my diagnosed sleep disorder – obstructive sleep apnea. I had provided my primary physician’s referral to see a sleep specialist, then provided documentation that the sleep study found I do indeed have moderate to severe obstructive sleep apnea. I was working on getting treated for the condition, though there is no cure and there are faults in the treatment. Do I have any legal recourse?

  15. My friend has cancer and lives in Mass. She was out on FMLA. Her employer called her and stated they would be terminating her employement,is there anything she can do?

    1. Karen:

      Your friend’s employer cannot use the FMLA leave as a negative factor against her in any fashion. In addition, the employer may have violated its duty under the Americans with Disabilities Act to provide a reasonable accomodation. See this post for more information.

      Whether it is me or another employment attorney, your friend should speak to an attorney immediately. I am happy to take her call at the office. 978/534-9771. Thanks for your comment.



  16. My wife is a 1099 Contractor for a College whom is on a military instillation providing a service for the US Government. She was recently terminated because she required an emergency surgery and then follow on issues putting her in the ER. She missed a total of two weeks. Is she covered by the Federal Family and Medical Leave Act?

    1. Morgan:

      Your wife must be an “eligible employee” under the FMLA in ordered to be covered under that statute. What you really want to know is what, if any, remedies your wife has (regardless of whether or not she is covered under the FMLA.) This is a longer conversation that your wife should have in a confidential setting. My practice is in Massachusetts and New Hampshire. If your wife was working in one of these locations, then she can contact me directly if she wishes to talk this through. Otherwise, she should contact an attorney (in the state where she is working or where you reside) who handles employment law.

      Best of luck, and thanks for reading the blog.



  17. Hi,

    I was diagnosed with migraines in January. I work as a nurse in a hospital and after being diagnosed I started having a hard time at work. My headaches would hit and I would have to work through them. Medication would work, sometimes, but usually just lower the intensity. The side effects would also make me feel like I had chest pain, and I had to go on caring for my patients. I started having complaints from my boss. Several months went on and I had more and more complaints and I tried several treatments from my doctor. It got worse at work. I tried to get leave from work but my dr just told me that if he wrote me on leave then all his headache patients would want to go on disability. I found another doctor that would finally approve me on leave. But it was too late. That week, I was put on administrative leave from my manager while they were investigating my actions probably to build a case to fire me. I turned in my leave anyway and went on disability after the investigation started, and my disability trumped the investigation. As my headache treatments got better about 3 months later, I was going to return to work but found that my manager and HR are planning to terminate me based on my failings that occurred while working with the migraines. Is there any legal actions that I can pursue? I live in CA?

    1. Karin:

      My practice is in Massachusetts and New Hampshire, but I would suggest that you contact an attorney in California that handles plaintiff/employee-side disability discrimination matters.

      I wish you the best of luck, and thank you for reading the blog.



  18. I’ve been at Dental office for 6 mos however I’ve had medical condition s Hospitalized on an off for 2 weeks . Went back to work for 2 weeks I am at this time off again due to reoccurring back pain Seeked medical attention Emergency room. My doctor has recommended MRI stat an off my feet .Empolyer getting frustrated . My doctor feels theres a serious condition with my back . I’ve been treated on an off since April but this is severe . I’ve been Dental Assitiant for 30 yrs I’m not sure what to do I don’t want I get fired ? What are my options ? .

    1. Penny:

      You MAY be entitled to an accommodation from your employer, but you must request that accommodation. See this post for more information. My practice is in Massachusetts and New Hampshire. If you are employed in one of these two states, feel free to call me directly at the office (978/534-9771) to talk this through. Otherwise, you should contact an attorney in your state that handles plaintiff/employee-side disability discrimination matters.

      Thanks for reading the blog.



  19. I was injured at work and told my employers ..that it wasn’t a “oh my god I’m bleeding” thing and it was close to lay-off, so I was going to try and take care of it myself.they let me do light duty things, but I do concrete. I asked for lay-off because it hurt to much to do my job.( Herniated disk and sciatic nerve issues) I payed for chiropractic care, massage treatment and doctors visits out of my pocket. And they gave me termination papers! What can I do. Now, I have no” Job promise” for unemployment and I’m still unable to work , and can’t get another job. And I’m paying for my injury!

    1. Larry:

      You should immediately contact an attorney in your state that handles workers’ compensation claims. You may still have remedies available (even though you are no longer employed.) Best of luck.



  20. I was terminated because of a heart problem called Brugada syndrome. I can’t drive a truck anymore, but I can work in the warehouse. My doctor said I could return to work but my employer fired me.

  21. I have a new employee that worked days then requested a leave for 2 weeks ( to get his meds in line)as he is a CUTTER and had a relapse. Do I have to grant him the leave. It is in Massachusetts.

    1. Donna:

      The blog is intended to provide general information. If you need legal advice regarding a specific situation, you should discuss same in a confidential setting with your company’s attorney.

      Thanks for reading the blog.



  22. I was involved in a auto,accident no fault of mine it was caused by a third party. I went on workers comp. The next work day due to injures I received in the accident. Date of accident 7/20/12. Six months later I was fired.1/25/13. My termanation did not affect my work comp. But I feel I was fired because of my injures. I could not return to work because of my injures and still under drs care. Is that legal I am in is 12/9/13.

    1. Carlos:

      You need to immediately contact an attorney in Louisiana that handles plaintiff/employee-side wrongful termination matters, preferably someone who is also experienced with workers’ compensation and retaliatory discharge claims.

      Best of luck.



  23. I have Ulcerative Colitis. I have been in remission. The company had an Aflac meeting where I did disclosed my condition. My supervisor was at the meeting; two weeks later I was terminated.

    1. Alice:

      That sounds like quite a coincidence. I would be interested in hearing the reason(s) the employer gave you for your termination. If you are in Massachusetts or New Hampshire, feel free to call the office to talk this through. 978/534-9771. Otherwise, you should immediately contact an employment attorney in your state.



  24. I was recently laid off due to not paying attention to details. I was verbally written up first for this same thing. I am in stage 4 kidney failure and some of the symptoms are lack of concentration and confusion. I am very private about my medical situation and never told my work about my medical situation and was always at work every day but did have a hard time focusing. Do I have any type of case?

      1. I work at frozen yogurt shop, I am seventeen and I got injured 2 days ago but decided to go I to work with a sprained ankle, I got through out the whole day at work from 4pm to 10 pm. As me and my coworker were closing the owner of the company decided to enter and say to stay open till 11 . I told him I couldnt because my ankle was swollen and purple .he tole me to have a seat and work . Butthge job requires alot of moving so I can’t sit . He told me than “call the store manager and tell him you can no longer work with this company” what can I do ?

        1. Tania:

          My practice is in Massachusetts and New Hampshire. If you were employed and/or reside in either one of these states, feel free to contact me at 978/534-9771 to discuss your situation further. Otherwise, you should immediately contact an attorney in your state that handles plaintiff-employee side wrongful termination claims.

          Thanks for your comment.



  25. My son was in a near fatal accident and had 6 skull fractures. They thought he was going to be brain dead, he made a miraculous recovery and after 4 months applied for a job and got it.after two weeks they fired him telling him it was for attendance, he had never missed a day. He spent two days trying to contact different people to get answers and finally someone told him the foreman wasn’t happy with his performance. He feels jilted because he thought he was doing well and no one ever said anything to him about his performance lacking. He was happy to be working the only thing he didn’t like about it was that they had told him it would be a regular 40 he a week job plus overtime and they were only working him about three days a week and sometimes only half a day. He knew one of the other guys they had hired also and they were doing the same thing to him as far as his hours went. My question is, can they fire him for having a medical issue he is recovering from and can they fire him without ever having a write up or without evert having been told anything about his performance? Also can they get away with lying and saying it’s his attendance and then coming back and saying it’s his performance? I will admit he’s not as strong as he used to be but he’s by no means weak to a hindrence. He’s always been a good worker and well liked and respectful. He’s 23 years old and has a son with one on the way. We need some answers before he walks away from being fired like this. And I’m wondering if it will or can happen again. If that’s the case maybe he should try to get disability until he doesn’t have to worry about being fired for performance again.

    1. Tara:

      The blog is intended to provide general information. You need to speak with an attorney in a confidential setting about your specific circumstances. You should contact an attorney in your state that handles plaintiff/employee-side disability discrimination matters. (My practice is in Massachusetts and New Hampshire.) I wish you the best of luck.



  26. I was hit in a car accident and was put in fmla. Dr. Said I could work but had restrictions they where not nothing that some people do with out a drs note, but they said I could not woek with restrictions made me go out on fmla. I PAID FOR SHORT TERM AND LONG TERM DISABLITE WHICH COMPANT SAID I DID NOT GET BECAUSES THEY SAIS I WAS FINE. I had 4siffetent srs plus mri saying I had disk in back neck and pelvic leg and both hands hurt along with memory loss. Went back to work and fell due to leg stopped working fell on face at work. They would not pay short term or long term benfits but I paid for that service.Then in June they called and let me go because they said long term ins. Said I was fine to cpme back to work but all 4he Drs said not and they retook mris to show them but did not matter.

    1. Jeremy:

      You need to speak immediately to an attorney who handles plaintiff/employee-side disability matters. What state were you employed in?



  27. My dad has been showing signs if early onset Alzheimer’s and he has been forgetting tools at customers homes (a few tools, his jacket, forgetting some instructions over the course of a few months) and he told his boss he was seeking medical help and awaiting a diagnosis for his memory problems (after his boss approached him asking if there was something more going on) and two weeks later he fired my dad.

    My dad’s work performance was always spot on and he had raving reviews from customers and coworker. Is that wrongful termination?



    1. Ashley:

      I am sorry to hear of your father’s circumstances. That is a difficult situation and what you (your dad) needs is specific advice in a confidential setting. My practice is in Massachusetts and New Hampshire. If you are in another state, you should contact an attorney in your state that has experience with plaintiff/employee-side wrongful termination matters.



  28. I have been searching the internet for any information pertaining to the situation I am currently experiencing. I live in Florida and work in the hospitality industry as a butcher for a large hotel. I entered the company as a chef and transferred internally as a butcher. While working as a butcher for over a year I started to notice pain in my right hand , my dominant hand. At first my hand surgeon thought it was carpal tunnel but it turned out that I had to have ligament reconstruction of my carpal meta carpal joint located in the lower base of my thumb. I am currently on FMLA leave because of the surgery. But due to the severity of my injury I am not able to to return as a butcher and will be on restrictive duty upon my return to a kitchen of any sorts. I have talked with staff in the HR department and have been told unless I am am able to transfer to a position within the hotel that wouldn’t require the extensive use of my right hand as it would in a kitchen of any sorts than I must willingly resign. I have been trying to transfer to a multitude of other departments for over a year right after I found out how devestating the conditions were to my hand. I have been more than qualified to work in the positions I have applied for and it was clear in my resume that I excelled in other environments outside a kitchen atmosphere, along with commendations from my executive management, four years of dedication to the company and last excellent employment reviews throughout my service. My question to you is do I have a justification for wrongful termination. I refuse to resign! I feel as if they are not accommodating me in any way.

    1. Thank you for your comment and for reading the blog. Since you have indicated that you are in Florida, I would suggest that you contact attorney in Florida that has experience with plaintiff/employee-side wrongful termination matters. My practice is in Massachusetts and New Hampshire. I wish you the best of luck.



  29. I had an epidural injection first time on a Tuesday.thought I wasn’t going to be able to waitress on my next day to work Fri.,it was in my back,well ibwas released to work the next day,and felt great,so I called my boss to tell him I could work Fri..he told me I need a doctors release to work,so I provided it from both the surgery center and my ortho pedic doctor stating able to return with no restrictions,now he’s telling me can not put me on schedule to work cuz I am now a liability cuz I had back surgery 6 1/2 yrs ago,that the release paper might not be good enough for his workers comp. person

    1. Sonia:

      My practice is in Massachusetts and New Hampshire. If you were employed and/or reside in either one of these states, feel free to contact me at 978/534-9771 to discuss your situation further. Otherwise, you should immediately contact an attorney in your state that handles plaintiff-employee side disability discrimination claims. You might also find the information in this blog post helpful

      Thanks for reading the blog.



  30. I recently was fired for gross misconduct. I gave Tylenol from stock meds to staff member who had a headache. I was refused unemployment benefits and had an appeal hearing. Was found in my favor.
    My question is approximately a week before I was fired I spoke with boss that I may have to cut down my hours because I was diagnosed with rheumatoid arthritis. Also 2 days before I was fired my administrator came over to me and I told her I have RA. I am also over the age of 50 and another staff member was fired 2 weeks later is also over the age of 50.
    Do you think I have a lawsuit?

  31. I live in NY and have a customer service job at a collection agency. I’m out of FMLA time and on the verge of being fired due to a pre-existing medical problem. Is it legal to fire me? The medical conditions I have are grand mal seizures, bipolar disorder, severe anxiety disorder and sleep disorder.

  32. Hi, my name is James Duffy and I was terminated today from a tele-services corporation. i had been calling out for about a week and a half because of a medical problem. my family doctor (not a therapist) had misdiagnosed me and prescribed me psychosomatic medication. so i was having problems in the first place for many months but still went to my job. so about two weeks ago my doctor told me to stop taking the medications and that came with many side effects, including insomnia, bipolar outbursts, shaking, and many other side effects that i believed would inhibit me from doing my job to the best of my abilities. also, i live in boston so that can be quite frightening when your are having severe anxiety attacks, so i wanted to stay in my home. i am very upset. i am wondering what your advice would be. Thanks, James Duffy.

  33. I did not see this question asked yet so here goes.

    I have been having some major all over joint pain and reduced activity that makes only a very small part of my job become very painful and difficult to do, yet I can still perform 95% of the remaining areas. Most of the job is customer service/office, but it’s the heavy lifting and being jerked around by large dogs that are causing the problem. I have even been knocked into cage walls and to the ground several times this week alone. I also suffer from Meniere’s, so balance issues aren’t helping. Medication helps to a point, but not enough. 3 different supervisors have been made aware of this, and also that I have been trying to get a Dr’s appointment sooner than later. (I call the Dr office daily for a vacancy) My immediate supervisor when I informed her of the pain and mobility issues flat out scolded me that she didn’t like the other workers (who are willing to help) switch that small task with me and that “you need to do it because it’s in your job description!” (She even yelled at me in front of a customer) Her supervisor said he can see both sides of it, yet makes no offer to accommodate or remedy the problem, and quoted the same job description reference. The 3rd totally agrees with me that if others are willing to help by switching that small task it’s great team work.

    We are a small non-profit with 20 employees, so no FMLA is available for me. (I have been at this company for over 15 years in different positions) And although they were verbally made aware something IS wrong, I have not yet been diagnosed so have no idea if I am protected under the ADA act? I have been threatened by a past supervisor (no longer there) with termination when I was diagnosed with my Meniere’s and had to rarely use a cane. Can they legally terminate me for my new medical issues even if I have no definitive diagnosis yet, but HAVE been trying to get to the Dr and figure out the problem?

    Thank you!

  34. I worked in boulder colorado ad I got injured on the job on the 15th of May and when I brought it to the owners attention he denyed me to go see a doctor told me to wait a few days. He later texted me saying he talked to his orthopedic doctor and told him to have me ice my shoulder and to take Advil. I’m allergic to any NSAID. Told him I couldn’t take that as I’m allergic to it. I told him I needed to be seen ASAP and that I was outside of the emergency room. He denyed me a few times that day. I contacted him the next morning and he stated “Come in And fill out the forms and we will send you to concentra. It is now a workmans comp claim and you cannot work till they release you.” I went into the doctors and had restrictions can’t lift more than two pounds push or pull. No lifting shoulder above head. When I went in to drop off the paperwork the owner avoided me. So I talked to the manager and offered to do oil changes and he told me not to worry go home rest your arm and get better. I came in a couple of days later to give them more paperwork the owner wanted to talk to me. He told me he terminated me because of no call no show. What rights do I have? My medical is covered but I’m not reciving any work comp wages. The owner kept telling me to file for unemployment. I don’t see how I can with me being on restrictions an I only know the trade of working on cars/trucks. I’m lost and I feel he terminated me because I filed a work comp claim.

  35. I had to take FMLA due to having surgery. I had had a knee replacement in 2012 and it became infected leading to having to have my knee removed for 3months and then reinplanted. I had used up all off my FMLA and still needed several more weeks off of work. I was sent a letter of termination as they were not willing to give me any more time off. This company employees several hundred people. I had been employed there for 2years and during that time did not call in sick nor was I ever disciplined. I live in Illinois. Can I sue and can I get unemployment?

  36. I was recently fired from walmart while waiting on medical leave for an injury that basically prevents me from being able to stand or walk with any weight on my leg. I have acute sciatica, and even if I was given a seat, as I am a cashier, the twisting I would have to do to scan and bag would still be agony. My doctor took me out of work until June 23rd, I brought in two notes from two different doctors stating I could not return to work until I completed physical therapy, or on the 23rd. My medical leave had not been granted yet, and I was supposed to call in every day even though I had a note for work; I tried 4 days in a row and their automated system was not working, and my phone was shut off.


  38. Hi,

    I called HR and let them know my Dr. recommended back surgery. The next week my boss let me go saying I left an hour early one day. Problem is, I didn’t leave an hour early. Parking records show I was there. I’m now in a legal battle, it’s almost been a year. I have been without health ins. this whole time and my back pain is increasing ( i never had the surgery). Can I file for disability?

  39. Hi im Bradley and I was fired for having to miss work to go to the hospital because I have 2 hernias in my groin is that legal

  40. I Have a lot of medical issues. To name a few I have fibromyalgia, mayo-facial pain syndrome, migraines, neurological disorders, bladder issues, and much more. I did not inform my employer at the time of hire due to feeling I would be judged and they would discriminate against me. I had many medical appointments during my first 3 months that I had to go to. I also had surgery on my teeth. Each tardiness and absence was documented in the system under medical appointments. I did make my supervisors aware of pain I was in during my time at work and did leave a few times. I was recently terminated from my job. I worked for an employer that had a 90 day window. I accumulated PTO during this time. They for some reason had two different PTO one was Holiday/Vacation and the other Holiday/Sick/Personal. Every month I was evaluated based on attendance, personal time away from my computer, tardiness, ect. They said I ran out of PTO because I hit the 96% mark for sick PTO. I said I had 5 hours left but they counted 5 hours after the 90 days before my paycheck. I was negative 1.5 hours. I looked at my last pay stub and I had 19.50 Holiday/Vacation PTO time left. The supervisors were aware that I had medical conditions. I was overlooked in April when an email to work from home came out and I responded right away that day and people with less percentage in performance were able to. I was not made aware of positions open within the company to apply for that employees that started after me were made aware of. I feel that they were looking for me to fail. When I met with HR and asked for a second chance she said she has been there for 15 years and has never made an exception which I find hard to believe. Then I said I was disabled and she flipped out all the sudden yelled at me told me to sit down said “did you tell them did you make them aware” I do not have to make anyone aware I fell.
    Also we get bonuses for good performances and on my last check I was not given my 4.50 for every hour worked plus$250 and $2.50 for every account I enrolled. Am I entitled to this bonus on my last check because I left at this level? I told them I was going to do something about this termination it was against the law and they could not fire me when I had PTO time left. Am I correct in this. Was I wrongfully terminated?

    1. Thanks to all for the great comments and questions. You are entitled to confidentiality, so your questions should be directed to an attorney in a confidential setting and not discussed on the blog. If you were employed in Massachusetts or New Hampshire, you can contact me directly.

      Otherwise, you should contact an attorney in your state that handles plaintiff/employee wrongful termination claims.

      Thanks for reading.



  41. This is a short question. I was fired for staying home with my son who was sick, and who had a stroke at birth. They said I did not give them enough notice. I texted them at 6:30am, I was suppose to be at work at 8:00am. I changed my day off the week before so that I could be at work when the tourist came in on July 3rd, also texted them at 6:30. Was never given a verbal or a written warning. My son is 10, and requires special care when he is sick due to the coumadin. I am sure they are in the wrong, but is this worth pursuing? I live in Michigan, and my job was front of the house manager for a restaurant. I had just started work with this company April 24, 2014.


  42. I have an injury from a fall at work that the company I was working for accepted full responsibilty.
    I was a scheduled for surgery and had pretesting done.
    The testing showed that I had a problem that looked like I had Sleep Apnea. The surgery had to be canceled. I had sleep apnea testing which showed I had severe Sleep Apnea. I was at high risk of death if I had the surgery due to breathing problems during surgery. I went on leave and also took vacation during this time.
    I was on leave from Febuary 2013 to May 2014. In May 2014 the company I was working for would not approved my leave that my doctor requested. I had to take the time off that my doctor requested. After 18 years with this company I was terminated or in my exit letter it was called voluntary leaving the company not returning from leave.
    I wanted to find out what me recourse could be. I am still high risk for surgery. I still have a injured knee (ACL and meniscus).
    I have many illnesses that I had to be treated for and am now on Social security. The fall at work which caused injuries has put me in a position that I can not have surgery due to severe sleep apnea and other medical conditions I have that were going on at the time.
    I am limited due to my knee injury. Since I was terminated because of voluntary not returning from leave I am now without medical insurance and can not do a physical job.
    What can I do in this position?
    I also had my yearly job review before I left on leave. I always received above standard on my reviews. This time I did not. I ask my supervisor why I scored lower. He said if I did not have the accident I would have scored higher. That is discrimination.
    All of my reviews have been above standard. I was shocked.
    There was another supervisor present at the time. I did not want my leave messed up for any reason so I did not voice my objection
    to my supervisors. I asked other employes that had injuries if their accidents made them have a lower review and they said no.
    I would appreciate ant thoughts you may have.
    Since I was just approved for social security I am worried how a comp case would affect my benifit.
    Thank you

  43. My husband was hurt at work a year ago.he cut his arm and severed his artery.he was on workers comp for 3 weeks, returned to work.It has been a year since being back to work…he was recently fired. They had been saying that their insurance wanted them to fire the people that had gotten hurt the past 2 years to make their insurance this something that could be true? My husband has been with this company for 10 years…and the injury was from no fault of his.this is a small 10 man company and we live in Arizona. Thanks for anyfeedback

  44. I was hospitalized with pneumonia and bronchitis, for a week back in December 2013. My employers was very upset because I was in the hospital. When I returned to work not knowing they purchased two more chemistry machine, which I not was aware of. Upon release of my hospitalization I was to take off an additional week for rest. I did not take the week off because I was afraid of being terminated. As soon as I returned to work and clocked in my employers was waiting for me at my desk asking me “when are you going to put the machines together because were losing a lot of money. I was devastated, because they did not even ask if I was ok. I have been working for this company for 6 years. I rarely called in sick, and in the six years had never taken a 15 minute break and most of the time clocking out and working during my lunch break. Just recently I ask for help because I was becoming overwhelmed with my work load. I ask management if I they could hire someone to help me. They said no, you not getting any help. As a result of my work load small mistakes were being made. Management began writing me up for everything. I very nervous when coming to work because I did not know if I was getting wrote up for being two minutes late. Just recently I was asked if I could pick up the doctors lunch on a daily basis, and have it on their desk by 12:00pm. This time of the day the lab is extremely. More small mistakes were being made. I became overwhelmed. I told management I cant pick up the lunches because this will interrupt my testing they said you have to do it. Last but least I just recently got custody of my grand daughter. I had court dates to I have management to be in court a month before I was to appear. The day I went to court I was ask to cancel my court day, and before I come in pick the doctors lunch up because they are very hungry. I told management I will not reschedule nor will I pick lunch up. While in court management start texting about being wrote up or possibly suspended because I would not reschedule. As a result of this I ended up at the hospital. My EKG was no good and my blood pressure was extremely high. The doctor told me you are not to return to work and need to see your doctor immediately. The next day I scheduled an appointment to see my doctor and she immediately took me off for a month; I went back after a month and my doctor told me I’m taking you off for six months because of your heart. Well as a result of the above I got fired. Management said it’s because due to my position it’s a hardship for the company. I’m not upset that I got fired it’s just the principle of how employees are being treated. Should I seek professional counsel or go to my Labor Board to file a complaint. I live in California.

  45. My husband had a knee replacement May 2014 and from his knee being so bad. He had to have his hip replaced 3 months later. He has been employed for 22 yrs there. Now his boss is thinking of letting him go. What can we do.

  46. I have worked for a company for 5 years. I got into a car wreck sowas unable to work. I qualified for fmla but I had no insurance so I couldnt get a dr. to fill the forms out. Without proper testing they felt they could not accurately complete the paperwork. I just got a letter telling me that they considered this my voluntary resignation. But this termination is in good standing.Can I get unemployment??

  47. I am 29 weeks pregnant. I was told that my company does not have short term disability or FMLA due to not having 50 employees. I know they are going to be filling my position when I leave. Is it okay to ask for a letter from them stating that I am leaving on good terms and that they will not be holding my job while I am out due to maternity. I want to make sure I will qualify for unemployment.

  48. I was recently let go from a temp to poem assignment after doing an excellent job. In June of this year my arm was caught in an electric box conveyor on this particular assignment. 7days after my injury the job started calling begging me to come back to work because No one else knew how to run the packaging machine. I went back. My supervisor heard that i was speaking with an attorney…25 days later my assignment was terminated.with no reason given. I’m waiting on the unemployment hearing so i can see what they say was their reasoning. I think it’s because i obtained an injury while there and was put on light duty.I’m in Ga, which is an at Will state, but I’m going to the eeoc to fight this!

  49. My daughter has been on meds for seizures for about 2 months. The meds are making my daughter lethargic and slower than usual in her actions. (Common side effect) She informed her supervisor of this at work. Two weeks ago she had a review and got raving marks!! Today she got fired because the big boss came in and told her in order to keep her job she had to stop taking her meds. Is this legal? We live in NC.

  50. I have worked in a call center for over 3 years, in that 3 years, my anxiety has went through the roof. I have cooperated with every loa claim they have had me renew. I recently had to request an accomodation because my fmla benefits exhausted, it was approved for 2 hours per day 4 days per week to be excused. A day later I rcvd an email indicating I had more hours for fmla accumulated and they were closing the accomodation. Well, last week I was told the fmla hours exhausted again, need to open another accomodation. So I did, with the same hours requested. My doctor will not go lower than what he requested and it was pulling teeth to get him that low. Well, today my hr rep called me and told me she cant approve the request because the medical reason isnt approving and that accomodations are only granted in hopes that the illness gets better, she told me she was giving me a week off (which I cant afford) to get in touch with my doctor and if he cant change the perameters, Ill be terminated. Isnt that a reasonable cause to file for unemployment? Im terrified for my family, please help!!

  51. Ms. Vowles,

    My question is in regard to a close friend that contacted me about a termination that recently occurred. He is in a factory environment that that increasingly difficult on a surgically repaired knee and back operation. He net with his doctor and was given a release for only 40 hours a week (No Overtime)and when he submitted that to his employer he was told that in the complany rules OT may be required. On that note he was fired. He then was contacted back the next day and offered his job back if he contacted his doctor to remove the restrictions. Can the company do this?

  52. hi this is Joao, on sept.2012 i was fire after beenn working for 31 year ( 4 as a machine operator,12 as a supervisor and 15 as a plant manager), i have been working under a lot of stress and pressure by the company in order to straight things up that other business managers could not do it, I had successfully change plants productivity, been awarde with wards and getting lots of compliments about my work ethic , been used as a role model for the company, back in aug. 2012 i went to the ER and again in sept.2012 with lots of chest pain, anxiety,stress and back pain ,legs and feet. on my first day back at work I was fired due to not have skill to be the plant manager as simple as that , that my health was a priority for my boss . they offer me a small severance package which i tried to negotiate but in vain, i’m seeking a psychiatrist, back drs. physical therapy, my drs agree that I should stop the contact with the company due to my illness , when I would talk with them about my situation I would get very depressed, stressed out, and with be very confused . i did signed the sev. package including the paragraph where i could not take them to court and collect any monetary benefits, i would like to know if i do have any rights to go ahead and still be able to take them to court to pay for my losses and also sue them for wrongfull termination under the ADA. at the present time Im still under the LTD.

  53. I live in MA and was recently hospitalized. I contacted my employer via the companies call out line and advised them that I would be in the hospital for an unknown period of time. It turns out I had a serious infection in my leg. I ended being in the hospital for two weeks. Followed by another two weeks at home were I was unable to leave and check in with work personally. During the time I wad out I continued to call the hotline as my status changed. When I wad finally well enough to go there in person I was told that my first call was logged as me calling out sick for the day. Because of that on the third day I was out they fired me for job abandonment. I explained what happened and was told by HR that I should be able to be rehired and that they would let me know in a couple days. When I got the call back I was told they wouldn’t rehire me because I was fired for job abandonment. When I asked about unemployment I was told I have to tell them I abandoned my job and it would be up to unemployment whether I would get benefits. I’m just wondering if I have any options. I didn’t abandon my job and I did as much as i was able to do to advise my employer of my situation. I need to contact unemployment, but I don’t think they will approve a claim when my employer is saying I abandoned my job. Even if it’s not true. I’m not sure what the best thing to do is at this point. I’m pretty much out of money and need the unemployment to survive while I find new work. Any advice would be amazing.

    1. Nick:

      Since you live (and, I assume, were employed) in Massachusetts, I may be able to help. You should contact me directly at the office by phone (978/534-9771) or email (



  54. I was Ill during orientation for a hospital job and asked for medical leave until I get better. They denied me and said I had to be there which I was so lightheaded and my blood pressure was high and I couldn’t drive over an hour away. I then started my training and one of the trainees saw white dots in my throat and said I need to tell the supervisor. I said I’m fine my throat is a little scratchy. I told them I could not leave the floor or I will get fired do to me missing several days of orientation for being I’ll. they forced me to go and said I’ll be fine they can’t fire you and a week later I was fired when I was sent to the ER where I worked. They won’t let me file for medical leave or nothing and have been nasty to me ever since I got fired. I called a couple times trying to fight it and they said to never call there again. I hope you can help. Thank You
    Amber D

  55. Hi, I recently got a job 3 weeks ago…. I had to leave work due to a medical emergency… I have been having back problems for a while now and haven’t been Blessed to get an appointment that is recent… I can’t get in for another 2 weeks… well today I had to leave work because I had severe back pain and numbness and tingling in all of my extremities. .. I got a drs note to be out of work for 2 days and follow up with a neurologist and an orthopedic. .. my works attendance policy says you get 2 verbal warnings and then a written warning and them your terminated… well they terminated me stating I am un reliable?!?! I live in nys… is this legal?!??! I mean I don’t know what’s wrong with me??? it’s very scary… I’m trying to find.out… she wouldnwouldn’t even takemy drs n I ttexted I was being handed it when she fired me on the phone… I didn’t get a written warning like there policy states… yet I was terminated… I have to be tested for neurological conditions…

  56. I recently had a vehicle accident while working. I had heart problems while ems were on scene and in the er due to accident. All has been covered under workers comp due to me being within the scope of work at the time. I was told no driving for 3 months to make sure my heart was stable while driving. Well all was well, my employer was saying get well soon, they need me back. Well when it was time to return with all my releases, I was not welcome back. My boss told to bring in any of their belongings that i have. Was given a date down the road to meet with the owner when i bring in my stuff. They have zero reason to fire me, never been in trouble. I think this is wrongful termination. Is that possible?

  57. I am being placed on long term disability today from work. I was injuried at work and required rotator surgery. Was on workmans comp for almost a year and was released from my doctor last week with permanent restrictions of no reach above head or reaching forward. Also was rated at 12% lose. Work says they have no job to fit these restrictions but put me on long term disability with telling me if they can not find me a job (which she said probly not) in a year that i will be terminated. I moved 1200 miles for this job and want to work. Is this legal for them

  58. Hi,
    My husband is 24 years old. At age 14 was diagnosed with lupus. At age 18 had a heart and kidney transplant. The paver company that hired him about 9 months ago was well aware of his condition. The company made accommodations such as he excluded from cleaning the Concrete mixer. All was well for a few months. My husband would miss work for appointments and follow ups, the company was ok with. About two months ago my husband rolled his ankel at work. A day after he had to go to the hospital to get an ex ray and was out of work for three days. After that incident days later my husband was no longer excluded from the mixer. Two weeks ago he had a 105 fever that put him in the hospital for 9 days. The origin of the infection is unknown but a cut from cleaning the mixer may or may not be the reason. Today he was told that work was slow and he was being laid off. Along with that, that the company “was looking out for him”, “because they were unaware that a simple cut could put a person in the hospital for over a week”. I told my husband to make sure he gets a letter stating the reason he is getting fired. The supervisor said he would get the letter tomorrow saying that the reason is “work is slow”.

    Correct me if I’m wrong but the true reason he was let go was cause of his medical history. There are four employee “newer” than my husband, they should have been let go first. I believe that letter my husband will be receiving is a fraud. My husband never asked for workers compensation for neither one of the two incidents.

  59. I was injured in a car accident. I gave my des not for 4 days off to my employer who told me to take the rest of the week off and when you come back we’re moving you to another position(with lower pay) If you don’t want to come back we’d understand. I informed them id rather take my leave then work the position offered. My insurance told me I would be compensated for my time out of work but I don’t know if I’m still eligible to receive my time out of work pay since my employer basically forced me to quit.

  60. I got hurt on the job 6 mo ths ago I have a pitched nerve and a herinated disk in my back they have extended my leave twice already and called me today to tell me that I was fired is that consered to be wrongful termanation

  61. I’m currently. Suffering from a really bad all time low to my diagnosed clinical depression. If I were to be hospitalized . would my job be able to fire me? I don’t expect a a paid leave but an unpaid leave would be great. But I’m scared that if I leave to get the treatment I really need I will told I no longer have a job, and unfortunatly like most people I really need my job. I recently took paid grief days as my grandfather passed away on August 28th 2014. I started in June 2014

  62. I was originally scheduled to have surgery done in October but because I’m in so much pain and went to the ER in which the doctor there told me to get my surgery date moved up, it was moved up to next week. I have been with my company for 5 months at the start of October. I already was aware I was not able to file FMLA but was told I could file for a Leave of absence through the company. Today I was informed by HR that I will be denied a Leave of absence because I have not been with the company for 6 months and all they can do is use up my accrued sick leave and holidays I have saved which equals out to a week off only, when I might need 2-3 weeks for recovery. At the end of the exhaust period after using my sick time I will be a no call, no show which will lead to being fired or demoted down to per diem in which I lose my vacation hours banking, health insurance, seniority etc.

    Can they do this in Massachusetts? ??

    Please help

  63. I was scheduled to ave surgery in October but because I’m in so much pain and went to the ER in which the doctor there told me to get my surgery date moved up, it was moved up to next week. I have been with my company for 5 months at the start of October. I already was aware I was not able to file FMLA but was told I could file for a Leave of absence through the company. Today I was informed by HR that I will be denied a Leave of absence because I have not been with the company for 6 months and all they can do is use up my accrued sick leave and holidays I have saved which equals out to a week off only, when I might need 2-3 weeks for recovery. At the end of the exhaust period after using my sick time I will be a no call, no show which will lead to being fired or demoted down to per diem in which I lose my vacation hours banking, health insurance, seniority etc.

    Can they do this in Massachusetts? ??

    Please help

    1. Nicole:

      You need some legal advice in a confidential setting. Since you are employed in Massachusetts, I may be able to help. Please call me at the office at 978/534-9771, or email me directly at with a number and date/time at which I can call you directly.



  64. hi, I have a work related injury that has kept me out of work almost 3 weeks now under doctors orders, my boss is threatening to fire me because I am missing so much time, I work in a Chinese restaurant and they are not as updated on the law as should be and are very harassing about the situation, I told them I could not come back to work until the doctor clears me to do so, I have a cast on my arm for almost two weeks to avoid further injury to the hand, which I cut the tendons in my hand, what can I do if they release me before doctor clears me to go back to work?

  65. I have ADD and take 30 mg of adderall a day, I notified HR and provided copy of prescription before being hired. I was involved in a accident were a side swiped a pole while backing up ( no damage no injuries) took a mouth swap drug test and failed for amphetamines (aka adderall). I took a secondary urine test then next morning. Which I question and explained that it will not determine the difference between meth or adderal. Blood test need to be done and Lab specialist break chemical make up down. They proceeded to only give me the urine test. l did a little research about drug test systems. Im currently on leave if it comes back in my favor im oayed for my time off. If not im terminated , I believe they should have done the more extensive test. If terminate would this be consider under you lawful termination due to medical condition.

  66. I have received a lot of great comments recently in response to this post. Many of those comments specify the state in which the writer was/is employed. The blog is intended to provide general information, and is not a confidential setting in which I can provide legal advice specific to individual circumstances. Many of you should speak to an employment attorney immediately, however.

    My practice is in Massachusetts and New Hampshire, and I would be happy to speak with you if you were employed in either one of those states. Otherwise, contact an employment attorney in your state right away. Here is my contact information.

    Thank you again for reading the blog.



  67. I’ve been off work for 9 months due to an automobile accident. And I was at my job for I’m back at the same job and had to fill out a new application can they do that even though I was out on disability.I only went back cause they denied me my unemployment.

    1. Shanda:

      The answer depends on the circumstances. My practice is in Massachusetts and New Hampshire. If you are employed in either one of these states, feel free to contact me directly at the office by clicking this link Otherwise, you should contact an attorney in your state that handles plaintiff-employee side disability discrimination claims.

      Thanks for reading the blog.



  68. I hurt my knee on the im on light duty with restrictions. They giving me jobs to do within time limits that I cant do and telling me they gone let me go.what can I do

    1. Craig:

      As with most cases, the answer depends on the circumstances. My practice is in Massachusetts and New Hampshire. If you are employed in either one of these states, feel free to contact me directly at the office by clicking this link Otherwise, you should contact an attorney in your state that handles plaintiff-employee side disability discrimination claims.

      Thanks for reading the blog.



  69. My husband has been on the job just over a month, he ended up in the emergency room about 2 weeks ago. The doctors found a mass in his lung. He has kept his supervisor and manager in the loop about everything. He has had a few days when he needed to leave early for a doctors appointment. He received an email from the manager asking him to resign due to medical, and to reapply when he is better. Is this allowed or would it fall under the federal laws listed in this blog. He refused to resign and is concerned they my fire him because of this condition that he is trying to find out what it is.

    1. Monique:

      My practice is in Massachusetts and New Hampshire. If your husband is employed in either one of these states, feel free to contact me directly at the office by clicking this link Otherwise, you or your husband should contact an attorney in your state that handles plaintiff-employee side disability discrimination claims.

      Thanks for reading the blog.



  70. I have a cronic back issue and I have only worked at my job since January of this year therefore, I don’t qualify for FMLA. I have used all available paid time off and I was recently written up for being absent. My back issue is not going to change and I will probably need to take future days off. What do I do? I am stuck between a rock and a hard place, work in pain, take disability and not be able to pay my bills or continue taking days off and be fired. Please help.

  71. I started a new job with full benefits. I ended up being hospitalized and away on sick leave for a month. This happened within 90 days of employment. BEfore getting the go ahead from my doctor to return to work, my work fired me. They made up an excuse saying a police officer came looking for me and that shook their confidence in me yet they could not tell me the officers name or anything. They are trying to get me to sign a severance package, but none of this feels right to me. WHat do I do?

  72. I got hurt on the property where I work, I am now sueing them.. they Inturned fired me “due to health reasons” what do I do??

  73. Thanks for the comments, Toya, JChase and Anthony. If you were/are employed in Massachusetts or New Hampshire, feel free to contact me directly regarding your individual circumstances. Otherwise, you should contact an attorney in your state that handles these types of matters.

    Thanks for reading.



  74. Hi,

    I am currently on disability for post partum depression and anxiety. My job called me in to tell me they were no longer able to hold my position. I told them I understood that this could be a repercussion of not returning to work after 13 weeks, but then they asked me to voluntarily quit. My questions are, 1) Are they allowed to contact me and ask me to make a decision about my status with the agency while I am still on disability? And 2) Are they allowed to ask me to quit?
    Thank you in advance.

    1. Tara:

      My practice is in Massachusetts and New Hampshire. If you are employed in either of these states, feel free to contact me directly.

      Otherwise, you should immediately contact an attorney in your state that handles these types of matters, and I urge you to do so BEFORE resigning your position. Generally speaking, resigning could adversely impact any claims you otherwise have.

      Thanks for reading the blog.



  75. I have been battling hives. I live in Missouri which I know is an “at-will” state. I have been going back and forth to the doctors to figure out how to control the hives. I have FMLA papers filled out at work. I have been receiving shots. They work for awhile then they the shots just seems to stop working so well. I never know when I am going to have a breakout. Most of the time it is in the middle of the night. However, my hours of work are from 4a.m. to 12:30p.m. and my boss(which is my ex-mother-in-law who does like me at all.) has made it clear to all the the employees that we are not allowed to call her between the hours of 8p.m. to 3a.m because it will wake her and she will not be able to go back to sleep. If I have an outbreak in the middle of the night and I try to stay awake to call her, I usual fall asleep because I am so exhausted. Then I am a no call no show. Can I be fired for this?

  76. I have to have surgery on my.neck which requires me to be off of work for 4-6 weeks anmethere is a 2 wk leave of absence that I can take but I need at least 4 wls off I havent been with the company.for 12 mo.yet and dont qualify for fmla is there anything I if me

  77. Thank you in advance for your help.

    I approached HR as a very sick employee needing kidney surgery. They said I had 120 day medical leave per FMLA.They gave me paperwork to have the doctor complete. I entered the hospital and the kidney surgery was delayed due to infection. After the kidney was finally removed the completed the doctor completed the FMLA paperwork.

    In the meantime WITHOUT any personal notice this Fortune 500 company sent a registered letter to my home with a dismissal because they had not received the FMLA paperwork within 20 day time period.


    1- I did not receive the certified letter because I was still in the hospital.
    2- The post office did not leave notice or have record of the attempt to deliver the certified letter.
    3- There was NO phone call to me or next of kin.
    4- There was never ever any verbal or written notice of FMLA 20 day requirement. ( handbook, website, FMLA paperwork or in the meeting)
    5. The doctor has never heard of this happening before. ( Should they have known about this FMLA stipulation?)

    I have had commendable performance on the job for 8 years. As a result of not receiving the paperwork within the 20 days I have been let go, denied unemployment and disability. They say I did not follow the rules.( Rules that were never communicated) I believe I was fired due to discrimination due to my age and medical condition. Please advise.

    Do I have a case?!

    Thank you,

    1. Thanks again for the comments and questions. Readers should remember that the blog comment section is not the place for me to provide confidential legal advice about your specific situation. You should speak privately to an attorney about your individual circumstances. For those of you who were/are employed in Massachusetts or New Hampshire, you should feel free to contact me directly. Otherwise, you should immediately contact an attorney in your state that handles plaintiff/employee-side disability discrimination claims.

      Best of luck, and thanks again for reading the blog.



  78. I was working for a hotel recently an before my employment with them I informed the G.M that have re-accruing pancreatitis problems an let my G.M know it was causing me serious problems for the past couple days an told her I may have to have my partner take me to the hospital an my boss said she wouldn’t fire me. I went to the hospital late that night and diagnosed with pancreatitis an then later that day my boss sent a text firfiring me can i do something about this

  79. I have be diagnosed with myasthenia gravis and must undergo major surgery to have my thymus gland removed and my manager is firing me due to the 4 weeks I must take off to recover. I have been at this clinic for 1.5years do I have any rights or is there nothing I can do?

    1. Hannah:

      You should seek specific legal advice from an attorney in your state that handles plaintiff/employee-side disability discrimination matters. If you are employed in either Massachusetts or New Hampshire, you can contact me directly to speak further, as my practice covers those two states. You may also find this blog post helpful in the meantime.



  80. Hi,

    My employer is a small company and is not protected under FMLA. I have a medical excuse to be out until 11/4/14.

    They haven’t term’d me yet, but they only allow 1 week of unpaid PTO prior to termination.

    What are my options? Can I get unemployment benefits since I can’t work?



    1. Diana:

      You should seek specific legal advice from an attorney in your state that handles plaintiff/employee-side disability discrimination matters. If you are employed in either Massachusetts or New Hampshire, you can contact me directly to speak further, as my practice covers those two states. You may also find this blog post helpful in the meantime.



  81. Hi Janie, i was recently fired from my job for what they said was job abandonment. My schedule is Wednesday – Sunday with Monday and Tuesday off. I live in Arizona. I had gotten into a car accident in August and got a medical accommodation put through with the HR which allows me to work mornings so I can go to my chiropractor appointments. I had come back from my weekend of Monday and Tuesday off and was working til lunch. At this time I was sitting in my car and had a huge muscle spasm which was making it hard to even stand up or move. I then had spoken to a colleague at the time who used to work in hr that told me that it isn’t a requirement at work for me to go in and tell them that I need to go to my achiropractor so he could fix my back. The next day, my badge nor my logins to my computer were working and walked into hr to ask what was going on. At this time they said I was fired the day before for job abandonment. Now I was only there for about 7 months so no option for FMLA. I was trying to go down to the eeoc to file a complaint but wanted to know what you thought.


  82. , I worked for this company for 31 year, the last 15 as a plant manager, on aug and sept. of 2012 i went to the hospital with a major mental disorder,o sept. 25 2012 i was going upstairs to my office and felt this pain going down in my spine more on the lower back area, since i wa working with restrictions ,the next day i went to see my dr at kaiser, he put me off work, he also recommended me to see a psychiatrist, since than i have seen dr for my back and nerve pain on my legs, feet, knees, shoulders arms toes and fingers also lots of headaches, i have been injected twice on my back, and on my forward head due to headaches, i have been seen my psychiatrist since than she is recommend my next step will be electric shocks on my bray, i have huge concerns about this procedure.i have been on std and lately on ltd, earlier on the year i had file for a workers comp claim, on february of 2014 i ask my dr if i could do any work , she told me i probably will be able to work for 4 hours from work or home, so i call the employer and let them know, they got the dr note, after 4 days they call me and say they don’t have work for me therefore i should meet with them, which i did , the company offer me a severance package , i tried to negotiate but company didnt want it. my psychiatrist ask me how i fell i was very stressed and my depression was very high she advised me to stop dealing with them or face dead the way i was going it was not a good sign, so i spoke with my family and we agree to accept the severance package which was twelve weeks and 3 months of health benefits, my question since i was on ltd can they terminate me, i’m 52 years old. im still home dealing with my injury and other ilness , its been very hard for me to deal with all of this.

  83. by the way I also had a pulmonary embolism on dec.2012 , i have attending physical therapy until this month the dr stop because it was not helping me, im waiting for a rheumatologist test for fybromologia. back in 2012 i ask them ( company) if my injury and mental disorder was not a workers compensation, they tried to convince me not to file a claim, i even copies of e-mails about that and later they open a claim but never sent me to a workers comp clinic.

  84. Hi. I went to see an Orthopedic on Sept. 16 2014 because I had shooting pains in the left foot when I stood or walked. The option was a boot or a cast in which I picked the boot. I also was given a doctor’s note with the order of sit down work only. The day I got the note I faxed it to my employer. I worked that weekend and was sent ADA forms. After a week of continued pain and no boot I finally had a cast put on the foot. The forms the physician needed to fill out was left there to fill out and send back. A week after getting the ADA forms I was called and told I could not work until they were returned. When I told my employer I was in a cast not in a boot she took me off the schedule until the 19th of October since my follow up was on the 16th of October. On October 3rd I had called to give an update that I was still waiting on the forms to be sent back from the physician’s office. I was then told until I was able to come back to work full duty with no restrictions I could not work. On October 6th I was called and told I was an on call employee and my spot could no longer be held for me so I was being terminated effective immediately. I never refused to work. It was them who took me off the schedule. Can they do this?

  85. I was fired from my job today October 24, 2014, for my attendance and when I have to leave work its for medical reason I have back problems and my supervisors was aware of it because when I came to work gave her my paper and my doctor and the hospital saying excuse me from work due to medical reason. I really need to know can they do that if i have all my papers from the doctor can the fire me.

  86. I continue to get a lot of great questions and comments in response to this post. Please keep in mind that I cannot provide specific legal advice on the blog, and many of you are outside of Massachusetts or New Hampshire (where I practice.) I urge you to seek specific legal advice from an attorney in your state, and do so right away.

    As always, thanks for reading the blog.



  87. I was fired job today and the reason they gave me was because I got pregnant. Nobody ever told me I needed to fill out fmla papers. I don’t understand how they could do this to me

  88. I work at as a cashier and bagger. Recently i broke my finger the night before work. I called 5 hours before i was scheduled and told them i would not be able to come in because i had to go the hospital. My service manager said she will think if she still wants me on board with the team or not. Basically she said she may fire me. Is this illegal?

  89. I live in Connecticut I have been employed with the same business since October30,1998. Last September 7th I was hurt on the job. Not only do I have a problem with my shoulder I also have a bulged disc. So it’s tricky. After many tests such as nerve, MRI , Catscan , epidural an injections my Dr. Sent me for a second surgical option. My Dr was saying snapping scapula syndrome . I’m his first patient he ever had with this. Not very common he said . The second Dr. Said maybe my AC Joint. Saw my regular Dr. Today he gave me an injection by ultrasound. He said its swollen an I have a lot of fluid . Next appointment 2 weeks . My job has fired me. I carry the health insurance for myself an my daughter. Do they need to still cover us, until I have my surgery an able to find employment. An I still have he bulged disc . I can’t work no light duty. I’m the shipping an receiver.Comp is paying me an covering these injury bills. What if my daughter or I get sick anything can happen.We won’t be covered. Sorry so long

  90. I have a herniated disc on right side . I was pulling tubes from a heat exchanger at work. General Foreman was next to me when it happened i went to work the next two days after that i couldn’t hardly walk or stand up. I was out of work for a week. I never made a report at work for the injury.I started going to doctor and was on pain meds for about a year then got my surgery may 20 2014. Was supposed to be off work for 4 to 6 weeks, i went back 10 days later. My employer never asked for a work release? Still in pain and no longer employed with company.

  91. I was employed from 10/07/13 to 11/07/14 I didn’t have a problem during the 1st 4 months then I became ill causing me to visit doctors often and had 1 surgery which from March I had to wait until July to schedule the surgery because I had to schedule my surgery around my departments and Supervisors vacation. They wanted to go on vacation first and now I need a second surgery which my supervisor didn’t like because it was going to be around her other vacation. After I informed my supervisor of my health issues, her right hand lady and her started getting into my emails, deleting and sending emails from my email because while I was at work by supervisor gave her access to all of my passwords. Things started dissapearing from my desk or filed incorrectly, invoices I enter started to have errors and I suspected that they were change after I enter them into our system. I started doing screenshots of some of my work and confirmed that indeed there were being changed and I was concern they’re were change under my login information. After 5 or 6 months I was making over 15 errors a day. My supervisor along with her right hand lady started documenting with reports my so call error. They will tell me to enter something a way to then a few days after come to tell me that was wrong and it was counting as an error. Keep in mind I’ve had over 13 years experience in office and accounting industry and never had that many mistakes. Once in awhile there’s a mistake but at a normal percentage. I was being harass and bullied by my coworker and I told my supervisor which she confirmed with another co-worker that I was telling her the truth. but after my supervisor confirm, she didn’t do anything about it. Instead she gave me a written warning and started along with the other lady to overly keep records of my so call mistakes. Then I realize my supervisor was on the whole thing. She kept giving my coworker all of my passwords every time I changed them. One day I called in sick and change my password and because I was concern of what was going to happen and my supervisor callex IT and reset my passwords to give to the other lady. The lady before me quit due to excessive harassment. It all started when I became ill. There’s a new receptionists that witness an incident and she told my boss and my boss told her it was not a big deal. She told my boss I was being setup and my boss didn’t say anything. My coworker and supervisor started preparing daily reports on my errors and a few times I told my supervisor I didn’t do those errors. I also email my boss regarding her giving the other lady access to all of my passwords. And I have the email to prove that and my supervisor didn’t care nor address the situation. Her right hand lady, had access to change anything using my user information since my boss gave her all the passwords. Documents were misplaced, thrown away and basically sabotage all of my work on a daily basis and it all started when I became ill. I don’t know what else they did that I didn’t found out in order to justify firing me. She allow all of my coworker to work overtime but refuse to allow me to work overtime. They work over 15 hours overtime and I was allow to only makeup time that I took for doctors appointment or work only 2 to 5 hours overtime when it was convenient for her. While the others work over 15 hrs. It was obvious I was being setup and I told my supervisor since she’s the so call HR also and she didn’t seem surprised when I confronted her with my documents and she took them and didn’t allow me to keep a copy and told me that didn’t prove anything to her. She just fired me, every employee at work knew how I was being sabotage and how I was being bullied by my supervisor and her right hand lady. All because of my health, I was setup to fail. I believe my health issues was a big part in my firing and they set me up with the errors to protect themselves for firing me due to my medical conditions and I don’t think sabotaging and bullying at the work place is legal. I exited the company and emailed the owner to thank him for giving me the opportunity of working for him, because he was not aware of what his super irk and other employee were doing to me. I was forbidding by my Manager to say anything to the owner and I need the reference to find another job so a abide by her request. But now I think he should now. I want to know what my rights are?

  92. I went to work for Bissingers Choc. Co. I was told I needed to get choc. I explained to the manager that I couldn’t eat to much choc because I am a diabetic. In March of 2014 I fell down stairs and had knee pain and in July 2014 I had to have surgery. When I called two weeks later to Bissingers I was told I was let go. I thought about the whole situation and called the manager and why I was let go. He told me it wasn’t because of the surgery it was because I didn’t like choc and wouldn’t get it. I told him it wasn’t that I didn’t like choc. it was that I was a diabetic, He also told me I was not catching on to stuff quickly enough, which he never told me this while I was working and I never got it in writing. It was funny that I was let go after I had to have surgery. Do you think I was treated wrongly?

  93. i have very severe sleep apnea it has made things very difficult for me i do have a cpap but i am still falling asleep in the day monday was the fist day at a new job in a call center the night before i had slept on the sofa with my sick son so i didnt use my cpap i was in training class and fell asleep the trainer took me to the side and told me that if it happened again i would be reported to hr i procceded to tell him about my sleep apnea and the treatment he told me basicly he didnt care when it happened again later that day i was taken to hr where i was fired i told them about my sleep apnea and that i have all the paper work from the doctor and asked if there was anything they could do to help me keep my job they said no and becouse i was in my first 90 days it doesnt matter that i have a medical condition. I worked at a call center before this that new about my sleep apnea and accommodated it by having me sit with people that would help me if i started falling asleep i guess my question is is this wrongful termenation or becouse it was under 90 days can they get away with it

  94. I began a job at a 24 hour health care facility in July on night shift. I already had two diagnoses of sleep disorders, which I have been able to successfully manager for many years. As a result of this job, I now have an additional sleep disorder. When I am driving home in the morning, I fall asleep at the wheel of my car on the freeway. It is a combination of the sunlight and sitting still in traffic causing me to fall asleep. My doctor told me I need to get off of night shift, which is not an option. So, we adjusted my medication and requested medical accommodation from my employer to adjust my work schedule by two hours – so I come in two hours earlier and leave two hours early to avoid traffic and the sunlight. It is working out great. I am healthier, getting the sleep I need, and able to function at work. The bad news is that my employer said they would only give me this accommodation for eight weeks and then I would have to go back to my original schedule. I told them this is not an option and was told I need to find another position to transfer to or I won’t have a job. Is this legal?

  95. I am in the state of Louisiana can you tell me if my employer is obligated to hold my job after being hospitalized for a staph infection it took 3 months to heal in the hospital I have been working for the company for 8 years a doctor told me it’s against the law to fire you up to a year I’m still in the hospital and medially after care for two weeks when I get home I tried to apply for unemployment but they said I can’t because I haven’t got fired or I wasn’t laid off thank you for security unless I’ve been in the hospital for 12 months I have missed 12 weeks of work I’m just hoping to God I can return back to work

  96. Hi yes my name is sam I work at parts counter at a motorcycle shop I got in a motorcycle wreck two days ago and broke my shoulder and my boss told me today that he didn’t think I would be of benefit to the company anymore so I asked my immediate supervisor what I should do well she went back and ran her mouth and told him I would sew so he confronted me and told me that he was probably going to fire me next week unless I could prove to him im capable of work is there anything I can do with this I live in Georgia please and thank you

  97. I was fired from a hotel where there is 20 employees in Utah. I was fired do to a herniated disc. My boss wouldn’t let me work til I was better, then I came in when I Felt 100% and they told me they no longer had a job for me?

  98. My husband was fired a week after an incident. He was a dog groomer at Petco. A dog bit him and wouldn’t let go. In order to avoid hurting the dog, he punched a wall and started cursing in front of customers. He then suffered a panic attack and was taken to the hospital. He has been with the company for 10 years. They fired him a week later . They claimed it was because a customer complained.

    1. I was employed with my employer for ten years and had a fairly spotless recored – no write ups or warnings. In February I missed almost an entire month due to hospitalization. I came back to work and worked the last three months with no incident. My girlfriend then had her own medical episode and I had to drive her to the hospital and missed one night of work. I was fired the next day due to being “unreliable”. They cited my previous hospital stay, which I had thought was well enough in the past since they took me back.

      Do I have any grounds for being fired over a disability? They do not employ enough people to qualify for FMLA.

  99. I continue to receive a lot of great comments to this post, and I have spoken directly with some of you about your questions. Remember that the blog is intended to provide general information. You should obtain specific legal advice about your case in a confidential setting. For those of you in Massachusetts or New Hampshire, feel free to contact me directly by calling the office at 978/534-9771, or emailing me directly at

    Thanks again for reading the blog.



  100. Hi Janie, how are you. My name is Jennifer. Back on October 13 2014 I was diagnosed with epilepsy and pseudotumor cebri as well as two swollen optic nerves behind my eyes. At the current time I am on Diamox 250 twice a day, and Levetiracetam 1000mgs twice a day. Back in November I had my first spinal tab to release some of the pressure from my brain and my optic nerves. I have worked for a propane company for 2 years. I have always had great reviews, and have always got my raise with my review. I have never been wrote up at my job, or even had a warning. I took a month off of work when I was first diagnosed due to the fact that the pills that I am on have some bad side effects, and I was not feeling well at all. during that month off, I did fill out my fmla forms for my job. I went back to work after a month off, and there were days that I was sent home because I was not feeling well. I did everything I could so that I would not loose my job. the one morning I feel down a flight of stairs at home and still went into work. this past Monday, when I went into work the manager asked how I was feeling and I told him that I was feeling fine, cause I was. I had my medication reduced that previous Friday and I was feeling a lot better. after about 2- 2 1/2 hrs of work he called me into the back office and fired me. he said that it was due to my condition and that I need to focus on getting better. Is that even Legal?

  101. I have several medical conditions that caused me to be off work since August per my doctor. I kept giving the company updates that I needed off. The company allowed me a 12 week period off for my own health condition. I was part time and did not qualify for FMLA nor was it a workers comp case. They then gave it over to ADA who extended it for another period of time. Unfortunately at my last visit my doctor said off indefinitely. I was told that they wanted me to resign, since I myself knew that I would not be coming back anytime soon. I told then under NO circumstances was I trying to quit. I wanted to keep my job, I could not help my medical condition got worse. I received a certified letter from them in the mail today saying that “they can not extend it anymore based on business needs” If I can not return by Dec 17 they will process my termination as a Voluntary Termination???? But I did not volunteer. Is this legal? Is there anything I can do?

  102. Hi
    I’ve been out on FMLA and getting STD for almost 2 months. There are two reasons for me being out. One has been diagnosed as colitis and the other pain and swelling in my neck with headache and shoulder pain. Finally someone has diagnosed the neck as cervical degenerative disk disease, bone spur and cervical neuralgia. This explains other symptoms I’ve been having on the job, hands going numb , arm pain etc. . I went to two different Drs about my hands going numb but was told by them both it wasn’t job related. I found out later that one of them actually works for my employer doing pre hire physicals and return to work physicals. The other Dr works adjacent to them had primarily treats our plants employees. This Dr did document neuralgia in my records because I have them. I did let my supervisor and head of our department know about my hands waking me up numb because of the vibration of the tools we use. my Dr said it could’ve been something I’ve had for years and didn’t realize it.
    And that my job has made it worse or it could have happened on the job. He’s sending me for an MRI. and I shouldn’t go back to this line of work. Now that i know it’s work related I don’t know what to do next. I can’t go back and when this happens I will lose my medical insurance and can’t afford Cobra. I’m not sure but I don’t know if or when I will be able to work anywhere yet . Shouldn’t my employer be liable for this? I don’t know what to do because I’m going to have more medical bills and need treatment . Any advise would be appreciated.
    Thank you

  103. I was hoping you can answer a question. I work in Massachusetts for a car delearship as a loan processor. I just start in October 2014 and have had to take multiple days off for medical appointments for me. I have nerve/ L4-L5 problems and had back surgery in 2013. I get Dr notes every time I go. Can they fire me since I haven’t been there 3 months yet? Can they fire me after the 3 months if I continue to have neurologist, orthopedic, Cortisone shots appointments?
    Thank you for your time

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  105. Still receiving a lot of great comments to this post, and I have spoken directly with some of you about your questions. Remember that the blog is intended to provide general information. You should obtain specific legal advice about your case in a confidential setting. For those of you in Massachusetts or New Hampshire, feel free to contact me directly by calling the office at 978/534-9771, or emailing me directly at For those outside of New Hampshire and Massachusetts, you should contact an attorney in your state that handles plaintiff/employee-side disability discrimination matters.

    Thanks again for reading the blog.



  106. I was recently let go from a company after two years of employment because I was put in a psych hospital for mental health reasons. When I informed my foreman I would be there for a few days I was told my job was secure. When I got out, I was no longer employed. I feel discriminated against and do not know if I have any legal action for this. I believed Hospitalization was not grounds for dismissal, especially if a disability is involved.

  107. I am a female working in Texas I am a truck driver of almost 11 years I work on the oil fields I work for a energy service provider on the 26 of December 2014 I was involved in a car accident in my personal vehicle I went to the hospital they gave me a work excuse I was supposed to take pain medicines but I took them the three days and I still needed to complete the bottle but on the fear of losing my job I did not complete the medicine and I went back to work in pain today is the 10th of January 2015 and I had to be taken to the hospital on last night because I have a knot behind my neck and it goes to the middle of my shoulder on the right side and i can’t turn my neck to the right. I was seriously in pain I have a very bad boss that does not understand a woman’s side of view and that is very common in the trucking industry but I had to take off another three days and they gave me a work excuse until Monday which is January the 12th 2015 and I am supposed to find a doctor and go to the doctor to get more xrays done because I don’t want there to be any further parts of my body that has been hurt due to this accident I am wondering can I be fired with this company being that I have sent them my work use every time I have gotten one and being that I really need to be out of work for a period Of time do you think they can stop my me from getting my short term disability pay. I have never had an accident before, this is my first and it was not my fault a lady ran into the back of my personal vehicle while I was stopped at a stoplight I am so confused and ever since this accident happened my pay has been cut tremendously with my job I was supposed to have gotten a $2700.00 check one week that I work 95.25 hours but I only received $1,300.00 he change me from a hourly rate to a daily rate for four days that I had to work out of town without me knowing and when it was time for me to get paid then I found out when I got my direct deposit. They won’t give us access to our paycheck stub and I’m still confused about that part I just have a lot going on with this job and I’m not trying to babble on but it is a lot and I’m not the only female at the job that is having these problems with pay as well but the accident problem I really need help on I really need to know if they can fire me if I take some time off in the state of Texas with this at will law.

  108. HI. we live in NH .. My wife got hurt at work. and was just fired because it has been 18 months and she is still on light duty. and at this time in recovery has a 2 lb. limit on lifting with one of her arms . ( broken arm. messed up wrist . car accident ) . SO they let her go because NH law says the only have to hold her job for 18 months. they have had her on light duty since..
    Does workmans comp still have to pay her?

  109. My sister got hurt at work and after some weeks if light duty she has been home since November of 2014. Now after the run around with the paper work between her employer and workmans compensation she is finally having her knee surgery today to repair her knee. She says she wil not have her job to come back to be ages she has exceeded the number of weeks she is aowed over a two year period. Can they do this? What recourse does she have?

  110. I have a question and really need answers please. I was fired from my job in September of last year . I called my employer 5 hours pior to my shift and told him I was sick and unable to come in. I worked as a live in so my shift was suspise to be covered 24 hrs I told him if I felt we’ll the following day I would come in. The next morning I called him said I still wasn’t feeling well and had gone to the doctors. And he fired after receiving unemployment for 4 months he’s fighting it. What can I do???

  111. i have had two surgeries and have to have a third one to correct the issue my job is physical demanding and i cannot perform the duties all my paperwork was turned in T’s crossed I’s dotted everything in with in a timely manor that the employee had set for a deadline i was recently separated from the company in my serperation papers it says discharge due to health is this discrimination and also they did not offer me any light duty the whole time they did not offer another job title that was less physically demanding like a office job i believe this is violation of ADA because they did not follow the standards do i have a case for wrongful termination discrimination and violation of ADA

  112. My wife has been out on medical leave for over a year now because she had a knee surgery and has yet to be released back to work and a cuple of days ago she receved her 401k check in the mail so we went in to her place of employment to ask if she still had a job and was told no she did not she has not gotten any notifaction of her being fired. This is in the state of Illinois. Can we sue or what course of action can we take?

  113. I need more information. I was recently fired from my job for a fight at work. I got suspended and fired the girl got suspended and transferred It was a push and words exchange.At time of the incident I was under a lot of stress and depressed. I have been going through fertility treatment. Before the fertility treatment. I was on medication for depression,PSTD. I had to go off some of meds to start taking hormone drugs for my upcoming fertility treatment. The drugs alternated my behavoir. I had all different kind of mood swings. ups and downs. The doctors knew what was going on. They toldme it’s normal because its has been a long time since I had that amount of hormones inside of body. I eventually got pregnant but shortly after I had a miscarriage. I happened to be off the day the docotrs called me and told me that I lost the babies.The next day and the rest of the week I went to work. I was in a terrible place and trying to work it was hard. It got really hard because that weekend the process started on Saturday i could feel it but Sunday I had a got the period/miscarriage. I was a mess Sunday and Monday because those 2 days was the hardest. One because I haven;t had a period in 2 years so I knew why I was bleeding it was very difficulty for me to work or function. That Monday is where I lost it. The girl I had a problem with for years worked that night and she got smart and under my condition. I lost it. It was a push, argument and fingers waving. I would never put my hands on anybody or got into a altercation to that level. I knew what the hormones was doing to be and I knew I had to be off my meds. So i asked my months ago about transfer for me or her and nothing was done. 2 weeks prior to that incident I asked my Gm to keep her away from me because I was emotionally and vulerable. Nothing was done until that altercation happened. I tried to explain my side and my mental state my Supervisors or GM didn’t want to hear my side or even read the letter that my physican wrote to state my mental at the current time. All my doctors family and Fertility doctors said I wasn’t in a good state. My fertility Doctor even sent me to a psychology because of my emotional state and suicidal thought.The psychology was surprised that I was fired even though the have a zero toloreance policy. She thought it could of been handled different. Like keeping me suspended until I got help and got myself back together. So I just need information. I know I might have been rambling on but I was trying to get all the facts. Some people that I may have a chance of filing suit because of the condition I was in at the time of the incident and that fact that I asked to me removed months before and then 2 weeks prior to the incident I asked again to keep us apart and nothing was done. I was told we are adults we should be able to work it out. They can’t wont move people or keep apart everytime there is a problem.

  114. I continue to receive a lot of comments and questions to this post. I have personally spoken to some of you, particularly those in Massachusetts or New Hampshire. You are all entitled to have your legitimate questions answered in a confidential setting, so you should contact me directly by calling the office (978-534-9771) or offline via email ( IF you are/were employed in MASSACHUSETTS or NEW HAMPSHIRE. Otherwise, you should immediately contact an attorney in that state that handles employment matters.

    Thanks again for reading the blog.



  115. My husband has been fired from his job for missing 1 1/2 days worth of work due to hospitalization for a cardiac issue. His employer hired a replacement employee and we had to find out about it from a co worker because the owner stopped taking our calls, emails, text messages. Sweet people. Is there any legal recourse for this situation? Thanks, Nicole

  116. My husband was let go from his job after returning from a bad case of shingles that was brought on by stress at an elderly retirement village he had worked there with perfect attendance and perfect job performances and really felt security in his position when he met with them he was told it was due to possibly forgetfulness and memory issues which is completely false he is a very very fit and sharp business man who has worked there for five years. They asked him to resign walk away or retire it was totally unexpected and he is devastated and feels he was discrim because of age. We need advise as we feel totally cheated thank u so much k roberts phoenix az

    1. Kris:

      The blog is intended to provide general information. You should obtain specific and confidential legal advice from an attorney in Arizona that handles plaintiff-employee side disability discrimination claims.

      Thanks for reading the blog.



  117. I am in texas I recently started having ect treatments for depression because none of the medications were helping. I got suspended for two weeks before I started the treatments because they wrote me up on a lot of things that were not true. I tried to get them to fill out an Fmla form which they would not do. I asked several times. I was told they would work with me and to tell them what I was comfortable doing. The ect caused some memory loss and my manager told me not to enter invoices short term till my memory was better. Dr Jensen said the same thing. To tell her what I can do,
    I was fired the next day for not entering invoices and making mistakes. I was not allowed a leave of absence. So now I can’t get a new job with the treatments going on and I am broke. Does that sound on the up and up to you? Do you know of any assistance programs? Thanks for the time.

    1. Bretney:

      My practice is in Massachusetts and New Hampshire. You should immediately contact an attorney in your state that handles plaintiff-employee side disability discrimination claims.
      Thanks for reading the blog.



  118. I was in an accident(on my way to work 5:30 am) involving a deer, hit head on never saw it and have been out of work with Doctors medical care (collecting Medical leave from my car owners insurance) because of Trauma-whiplash onset of Tinnitus/Hypercausis, anxiety,stress depression P.S.T.D.I have exhausted all my FMLA from my job and they did not except a “continued leave of absense” as a reasonable accomodation under the ADA. I got a letter stating if I do not return back to work on March 9th 2015 my job will be filled! Is this legal?

  119. I worked here for 18 yrs,had back surgery have been off for three mos,one doctor wasn’t coming back to work til this week.they replaced me two weeks ago and now I am told I may get to come back for part time but not fulltime,but have really not heard from any of the two is a small office.they do know I would be retiring in Dec 2015. But do I have any thing I can do til I retire with these doctors?

  120. I worked for this company for 10 years. I needed to have my hand surgically repaired and had been fired. It was brought to my attention Sept.18th of 2014 that I made a violent remark on Aug.12th not knowing of this accusation till the day of Sept18th. I tried to explain to Human Resources I had nothing to do with the defamatory remark brought against me, and asked is this due to my need of surgery on the upcoming date of Nov.3rd. Her answer was you said it. I recently found that this is occurring to other employees of this company. I need your advice I am single and one income.

  121. I went to my employer and asked for help with a drinking problem I was heavily drinking and needed help my employer ignored my cry for help I enrolled in a program threw my union I was terminated and also stripped of my health benefits while half waythrew the program kaiser let me finish for free iI was recrecently hired back but I was put on heavy probation and random drug screens I was also harassed that my rehab was only to clear my absence from work and not to fix my self what do I do I wana file a lawsuit

  122. I have Celiac’s and sometimes my stomach pains, when I wake up it leasd to long painful unexpected moments in the lavatory. So occasionally I have to call off a shift for work I have e planned my issue to them and now they are threatening to fire me.

  123. Hello my name is Joe and I am currently unemployed, I worked back in October as a News Station camera man. The started out fine and I was happy to be where I was, I had been having random anxiety attacks recently and since I started the news station job nothing had happened but one day out of no where I was filming a news segment and got one so I told my supervisor I had to get some air because I couldn’t breathe. I went down to the break room to catch my breathe but I couldn’t shake the anxious feeling so I went home early, I’d told my boss that It happens randomly and I’m not sure what causes them and that I had a Dr. appointment at the clinic the next day. That next day i was scheduled to work and just as i got ready to leave my boss called me and told me I was fired. I am very suspicious that they fired me because I had the attack, He told me it just wasn’t working out but the timing just seems so suspicious. Am I right to suspect i was wrongfully terminated?

    1. Joe:

      Thanks for your comment. It is premature to say whether you were wrongfully terminated, but you should certainly seek out some legal advice in a confidential setting. My practice is in Massachusetts and New Hampshire. If you were employed in either one of these states, feel free to contact me directly at the office (phone: 978-534-9771 or email: to discuss your situation further. Otherwise, you should contact an attorney in your state that handles plaintiff-employee side disability discrimination claims.

      Thanks for reading the blog.



  124. I continue to receive comments and a lot of great questions in response to this post, so I can see that this is an impactful issue. Please remember that you must seek out legal advice in a confidential setting, because the blog provides general information only and your comments are not confidential. My practice is in Massachusetts and New Hampshire. If you are/were employed in either one of these states, feel free to contact me directly at the office (phone: 978-534-9771 or email: to discuss your situation further. Otherwise, you should contact an attorney in your state that handles plaintiff-employee side disability discrimination claims.

    Thanks again for reading the blog.


  125. Is there any employment protection if cancer operations continue month after month prohibitting employees’ return after FLA term expires?

  126. I was working at target for 4 years. I have bipolar disorder and anxiety. I haven’t received treatment for it for quite a few years (maybe 7 years). I randomly started getting performance write ups once I became pregnant. I always had perfect attendance. Never called out or was late unless weather related which was maybe twice a year. The day before my leave of absence started I got a corrective action which is huge for getting me on the way for being fired. I came back from loa, and received another corrective actions for poor work performance as soon as I came back for things that apparently happened or lack there of while I was pregnant. And then I got fired. It is an at will state (maryland). I don’t know what to do. My work history is ruined for that job and I feel I was discriminated against. I live in virginia now. L

  127. I was let go at a job I got through a temp agency. I had already been moved to a different area in the building, which didn’t seem to be any big thing at the time, they were always doing that. But yesterday I came into work, worked almost the whole day and then was asked to follow the manager/top dog whatever she was and she lead me out of the building while explaining that due to my injury she couldn’t have me working there because they weren’t willing to accomodate me (or even move me to different section that i was more qualified for). And they DO have employees there that ARE disabled. All I have is a broken foot that I would only be on crutches for a few weeks. And it looks like my other job might be trying to do the same thing to me. What can I do about this?

  128. I was just fired because my “personality doesn’t fit with the company.” I have been diagnosed ADHD. I was previously warned that I was “taking too much time off” but it was because I missed work due to severe migraines from my Chiari Malformat ion Type 1. Only the personality bit was mentioned as to why they fired me but I think it was a combination of the two. I feel like this is discrimination. Would it be possible this is wrongful termination?

  129. Hi my name is Ms E, I live in New York city. In January 2013 I was diagnosed with moderate/severe rheumatoid arthritis. I was having symptoms for a long time but didn’t address them until the pain was so intense that it was affecting my mobility. At the time of my diagnosis I was working in a social services nonprofit organization as a case aide. The agency policy was 1 sick day a month. However, due to the severity of my condition, I always exceed them. My employers knew about my condition because I gave them medical documentation every time I was out. I even brought in a letter from my doctor stating my limitations but the supervisor I had during that time, told me not to turn that letter into HR dept because I would get fired because my director is already upset of my excessive absences. I was afraid to lose my job so I listened to her and did not turn in the letter. However my condition and the side affects from my meds were making me very sick and I continue taking days off and producing medical documentation. On July 2014 I get called into the HR office and met with the HR director and my program director and was informed I was being terminated due to my excessive absences. Although they knew all along I was chronically ill because I gave them documents and many times I would come in limping from the extreme pain and all my coworkers would notice my physical struggle all the time, the people at the top chose to ignore my condition and terminated me. I was never offered any type of accommodations or any type of sick leave or leave of absence. They told me I was a good worker but my absentees were affecting the program and they had to let me go. I always felt my termination was unfair because I did not choose to get sick. I feel they didn’t give me a fair chance. I would like to know if my termination was wrongful. I was a couple of weeks away from making 3 yrs with them when they fired me.

  130. Hi,
    My husband and I work for the post office. He came home and told me that my Union Stewart informed him that I may be getting terminated for being on light duty. He told him that they are waiting for me to give them my updated light duty form so that they can deny it and tell me that there is no work for me. But there is always work for people on light duty there. Is this legal?

  131. I had surgery a week ago on my knee. I took my work released to my employer and he had said that they possibly can let me go due not being able to come back immediately after the week.All the doctor wanted me to do was rest 3 more days and then I was going to be able to go back to work. My question is can my employer let me go for needing three more days off of work to recovery from surgery?

  132. I have chronic migraine syndrome, with numbness in my extremities. I was hospitalized for 2 weeks. Extensive tests were run and I was put on medication. I returned to work for 2 months, my condition worsened and the medication I was put on increased the numbness and tingling in my extremities. I was no longer able to perform certain duties for my job. My doctor pulled me out of work for one month so my meds could be monitored and when I went to turn in my medical note I was terminated. I was told I did not qualify for FMLA because I had not been back to work for a year and there was nothing they could do for me. They told me that I could reapply when I felt better and I was cleared medically and I would be given a similar position back. I went out on disability for 6 months, I was forced to go back to work because my temporary disability ran up and I needed the money. I was not medically able to go back but needed to, they gave me a much worse position and made my job much more difficult. They caused me an overabundance of stress making my medical condition exacerbated. I was harassed by employees on a daily basis and had to start as a new hire. When I brought up the issue they forced me to resign. What can I do about this? They are now denying me unemployment, I have been employed with them throughout the past 7 years and have only had issues through the past three. Thank you for your help. Sincerely, Sara- Lost in New York

  133. I had car accident and it had been almost four month. I still have difficulty and I can not carry 25lb box all the time. So I brought restriction paper to my employer and they told me that they needed operator can handle 25 lb or more . ( Cary pour etcetera to the machine) The conversation was very cold and I was unwanted person.I just went through a lot of pain , doctor appointment , physical , home And they treat me like a I am nobody. They do not want deal with disability worker. Today I went back to work, but they sent to me home. Last week he told me that he can find the job with my restriction . But I went today , he said he sent email about work. But I did not receive any from him. And I checked all mail( junk trash evrey thing) after I got home. Moreover HR sent me a email that she applied cobra benefits behalf of me. Why? I have a health benefits from employer. Are they trying to fire me because of disability from car accident? Please advise. I am living in MN.

    Thank you


  134. I have a friend who works for a company that is owned by a family all the employees are related…with the exception of her. The manager is a former cashier and tells her to stand at the registers and watch the customers and then complains to the owner that she don’t do anything. She has a slight handicap and is a woman over 40. She has done everything they have ask her to do. They are interviewing young women in their 20s to replace her. What are her options. She really likes the people, but the way they run this business is unsafe to the customers and employees. The products they sell are unsafe as well. She told the owner about the problem she has with her leg, during the interview and he was fine with it. she works an 8 hour day with an hour for lunch, no breaks. the other woman in the store smokes about every 15 minutes. She is not allowed to count her cash drawer down in the evenings and gets reprimanded for counting it in the morning before use. They also expect her to work off the clock. The relatives of the employer do it all the time…of course they also carry product out the front door without paying for it too. She refused to work off the clock and things got worse. Is there any thing she can do?

  135. I had surgery on April 16, 2015. I went on medical leave and have not been release to go back to work. Today I got a text message saying I had to attend an 8 hour mandatory meeting tomorrow or I can’t go back to work. Can they do this? I live in Kentucky. Thanks.

  136. I have a Doctors note,stating that I am under my Doctors care and may be late due to sugar lows as a result of my Diabetes.My employer told me that my Doctors note is not is valid,and that I need to fill out paperwork for FMLA to see if I qualify,However I am not taking a leave of absence,what are my rights?,can they terminate me?

  137. If i sm seeing a.dr due to a sholder injury and i gave letter from doctor stating due to my injury i can wirk at my pace , and a 2nd letter stating until they get my fmla papers filled in and give baclk to me due having surgery on sholder i have option of not going to work if my injury giving me bad pain or if i am at work and over working injury i van leave work.

  138. The company we are working for (A construction company) is just recently started a policy of putting people on medical leave if they have certain medical problems or are on certain medications prescribed from the doctor. They also had us fill out a list of medicines we are on and medical conditions that were sealed and sent to the company’s doctor. They are pulling these up and putting people on medical leave based on this information. They claim that you can get a different plan set up through your doctor and this is discussed with their doctor and you can return after a clean test. There are people being sent hiome now who have worked there for 5 years. Is this proper?

  139. I was diagnosed with Sleep Apnea. I was given a reasonable accommodation and able to start work at 8:30 instead of 8:00 am. I also work over to make up the time. I was 9 minutes late one day last week and 4 minutes late today. I am now being written up every time I am late. I do not think they will extend my start time, they think this is a mind discipline issue and I should get here on time. I have 36 apneas an hour when I sleep. I am in Texas which is an at will state. Can they fire me for my tardiness after having an accommodation?

  140. I am hearing impaired and was hired 17 years ago with this employer. I end up having poor attendance. Because of my illness back 2011 with liver disease. It cause poor immune system. I received FMLA on my dizzy spell cause of my hearing problems. As I received a removal letter on the same day as I received FMLA. Can they fire me for poor attendance even they said my FMLA is not included? I have doctors documents on every sick days I took.

  141. I was just diagnosed with PDD-nos/Asperger’s Syndrome. I have had a lot of time off of work due to this and coping issues. I am fortunate that the company I work for has allowed this, much of the time was under FMLA though. I have some questions. Due to my PDD-nos/Asperger’s Syndrome, I have difficulties with being in social situations and coping with just everyday life. I am an excellent and loyal employee and would like to stay working there, but need some supports.

    1. I was hired prior to being diagnosed, can they fire me now?
    2. If I request to work from home (the company already has telecommuting set up and my job can easily be completed at home) or to be moved to a quieter/less distracting location? Do I need my doctor to give me a report stating that this type of accommodation would be better for me?
    3. What can I do if they refuse to make reasonable accommodations for me?

    Thank you,

  142. Hello!

    I am currently working in a warehouse in Uk.I started this job 10 months ago.I have diabetes from 2010..when i started this job i lied about my diabetes as I was afraid I might not get the job.I recently told them the truth,so right now they now about my diabetes,and I am waiting for a disciplinary meeting.Diabetes does not affect my performance at work at all. Can I get fired because I lied at the beginig?
    Thank you!

  143. I have had multiple episodes of hypoglycemia being a type 2 diabetic on insulin. On Jan 22 my supervisor emailed me (and cc’d the big boss) stating I was not to report to work until my sugars were normalized. His exact words were I’m a danger to myself and others. I still have the email. Low blood sugars off and on. On May 19th 2015 had another hypo episode. I’m not a fool and know when to get behind the wheel of a car and when not to. My big boss sent me an email stating “I better get to work he has had enough” Is it time to contact a lawyer? This is the same big boss who back in November would not let me work from home after a leg fracture when my Orthopod made the suggestion that I should. Orthopod wanted to put me in a plaster cast but chose not to for fear of creating ulcers in a dianetic. My big boss’ response was ” What can you do from home that you can’t do at work”? Well, drive, walk 5′ to the bathroom instead of 23′, etc.

  144. My wife is a nurse practionor and she has cyrebrel palsy and we feel the hospital she works for is trying to get ride of her because of her they want her to release all of her medical records to human resources. Should she have to release those records to them.

  145. Hey Janie I have been working at Costco for about 2 months now. 1 more month and I’ll be past my probationary period. I’m a front end assistant there but they want to train me on the cash register as well. Cashiering takes to much thinking on my short term memory and it would be to stressful for me to do it. I’m afraid if I tell my employer that I have aspergers that they will fire me before my 90 days (they wouldn’t say because of my disability I know that’s for sure) so how should I go about telling them?

  146. I dont live in your area, but i need some advice. In Feb. Of last year I left krogrt with an FMLA. During that time I kept up on my correspondence with doctors notes, etc. My FMLA was cancelled in July due to lack of doctor information and my insurance was cancelled in August. I didn’t have the money to see a doctor after that because of my disability preventing me from working. February of this year I was finally terminated due to insufficient medical evidence. Do I have a case? Would I be able to find a lawyer that would not have to pay up front?

  147. I have a hurt foot that happened off the job but it hurts so bad that I can barely walk on it but I come to work every day. And tonight I took my first break and then one hour later I sat down to let my foot rest, my boss told me that I couldn’t do,that and he said k get no,more breaks. Is that illegal?

  148. I’m a sub contractor in California and also high risk pregnancy. My doctor is putting me on bed rest for the next three months until I deliver. My job is very physical and involves alot of lifting. My boss has already said I don’t get maternity leave and any time off is unpaid. I’m afraid If I give her my doctors note she will fire me due to the fact that I have already found adds for my position, when I confronted her about the job ads she reasures me that my job is secure so long as I’m working. Can she fire me for going to a temporary medical leave?

  149. Hi Janie,

    I was forced to resign from a position recently (I was told to either sign a resignation letter or a termination letter). The company is saying it’s performance related. However, its quite a coincidence after I notified them of injury to my back about a month ago.

    I’m in the state of CA. I am seeking advice from attorneys in my area. I have concerns about wrongful termination and disability discrimination. Do you think it is safe to file for unemployment now or wait and try to file a grievance against the employer to cover medical costs?

    I’m just worried once my insurance ends at the end of June I won’t have a way to cover medical costs for my back if it continues to give me problems. I’m so confused as to what to do.
    Can I still file a grievance even though I forcefully resigned.

  150. My husband was just FIRED after missing work with dr note saying he’s contagious and has pneumonia And had to miss work he missed for one say because thatsvall the er have him and went back the next say he’s a chicken cook for kfc and also has to clean with harsh chemicals and working off of one lung that was so hard on him it out him back in the er when he got off his boss was furious and kept getting rude with me and told me when I called in for my husband because he was braking the meds the doctor have him and they told him he had to take them he couldn’t stay awake so I called his boss apologized and told him that my husband would be at work the following day even though he’s still very sick and his boss told me that he’s not excepting any call 82nd from him of he doesn’t show up for work then he’s putting it in as a no call no show and he will take further actions and my husband went in today on time and was told not to click in he was fired his boss did not exept the call in yesterday what do we do

  151. My brother hurt his back on a Friday night – a non-work related injury – went to work on Saturday, then asked to for time of to go to the doctor and even with a doctor’s note stating it is a lumbar strain, his employer asked him to drug-test, even though there is no reasonable suspicion. Does that violate any labor laws or expectation of privacy laws? Thank you in advance.

  152. My fiance was put on fmla for a foot problem he was off for 8 weeks with the orthopedic surgeon trying other methods that were required before his insurance would pay for the costly surgery. He ended up needing reconstructive surgery this is a procedure that leaves you in a cast for three months with an additional 3-4 months time off to to help one begin walking again and to get them ready to walk again. His orthopedic surgeon put him on fmla 2/10 and the Dr won’t release him until at least 10/2015 but it could possibly take up to 12/2015 .
    His employer released him 5/20/2015 this makes it very hard on us because he lost his medical insurance and we have had to buy his inshurance…
    My question is this shou he go ahead and apply for unemployment benefits, even though he isn’t eligible due to not being physically able to? I have read other forums stating to do this bc it locks the date making you better qualified once he has been released from the Dr and does his employer have to offer a position? If his ex employer refuses do I need to ask for a letter stating that…and does this also help him get approved for unemployment once the Dr releases him…
    I need help with this situation
    I appreciate any help I am given
    Thanks Donna

  153. My sister has a heart condition disability discrimination case , i think. She has until the end of the month or she will be terminated. Her company is offering her 3 months pay to leave. Her boss violated her hippa protection while she was in the hospital. When she returned he told her to take a leave because he did not think it was going to work out and that he was getting push back from others who said she will not be able to deal with the stress. Since she said no they started corrective and will be terminated this month if she does not take what they offered. What are your thoughts

  154. My wife was in training to become a 911 operator with my county when she had to take a week off because she had her gull bladder removed. When she returned to work they gave her an unannounced evaluation knowing that she was behind on her training, but quized her as if she was on schedule. When she didn’t pass the portions that she was behind on they fired her. Can they do that?

  155. Was fired from a job because I moved to slow..during the initial interview I informed them I had one eye and lost seven toes..they kept asking if I could do the job..I kept saying yes..was told I would be cross trained at the snack bar…CSR…and front desk..was told that front desk was more to learn and that it would take months before I could work alone…I worked a total of 11 hours over three days..first day snack bar…spent 4 hours weighing out two three hours in snack bar cooking..product needed to be taken down stairs…used a dolly with two flat tires but got product downstairs without dropping a single item…but I was sweating profusely… The assistant manager Began to baby me…kept asking if I was OK..I kept telling him that I was OK..Last day at front counter..learned computer system..had trouble finding bowling shoes and the way they stored them…now…gen mgr had said it would be months before I was left alone at counter…three days pass I call gm to see when I work…HE FIRED ME STATING THAT I WAS TOO SLOW…AFTER WE HAD DISCUSSED MY MOBILITY…I COULD DO IT FASTER IF I HAD MORE THAN THREE HOURS OF TRAINING… HE ALSO SAID BECAUSE OF MY AMPUTATIONS I COULD NOT PERFORM THE JOBS FAST ENOUGH…

  156. I was recently notified today of my termination…suposably because i didnt notify them of my absemce…the thing is that i have cancer and b3fore we swiched to the mew company witch was the one that im working now i had let them know that i was sick they had recently diagnosed me woth breats cancer once i started my chemo.i was feeling ill and i let them know that i wasnt feeling well….theey gave me some moths off witjout pay but were holding my position….they told me i had to go back because they could t hold my position fir so long th gave me paper work for my doctor to.sign well to make story short they said that i was fired due to the fact that i didnt show up anf did t notify then witch i did i n3ed help please should i get a lawyer and sue them HELP!

  157. My mom just got fired for having knee replacement surgery. She applied or unemployment and got it due to her boss telling them he fired her because of medical conditions. what i am reading he by law can not do that. Does she have a case? She has also fell down 2 times in the place of bussiness and seen her own doctor for the injuries she had and reported them to her doctor. Her employer did nothing about it.

  158. Hi. I’m just curious, I called off work because I wasn’t feeling good and I let my workplace know it was due to my gallstones and pregnancy, but my hr department told me that it’s not a valid reason to have a work accommodation to cover that one speffic day. After doing an roi and releasing my medical information to my workplace they are not accepting that. Is this a valid reason for fire me legally?

  159. I recently started a new job and 2 weeks into my new position, I suffered neck/back injury after falling down the stairs at home. I miss 4 days of work medically excused. I returned to work and 2 weeks later I was having extreme pain in my low back. I called letting my employer know about my pain…returning to the doctor and needing to see the chiropractor and soon have physical therapy for my injury. Thursday was the day I was to see the chiropractor and let them know. On my 4th day of absence HR called to say mamangers had a meeting today and they decided to let me go/terminating employment due to attendance. I said but I’m medically excused she said it doesn’t matter. I said why wouldn’t they reach out to me ask when I would be back? It didn’t make sense that I wouldn’t be given the chance to defend myself or see what accommodations could be made so I could come back to work. Nothing seemed to matter to her even though she was HR manager and I was an employee who deserved to be heard.
    I don’t know what to do? Can I report them, can I contact someone for help?

  160. Yesterday I was hired at a commercial landscaping company on the spot and immediately started work today(with no paperwork signed at this time but requested to come in by the end of the week and fill out the paperwork. I was asked on the application and verbally if I was able to perform the tasks ie;lift 50lbs, standing long hours, bending, labor, ect. I honestly replied “yes”. I was asked on the application and verbally if I had any medical conditions that would prevent me from doing the job. I honestly replied “no”. After my first day today(receiving compliments regarding my performance from all co workers) I called the manager to let him know I had a doctors appointment tomorrow for pain mangment for a previous yoga injury in my hip(labral tear). To sum it up he kind of freaked a bit and told me directly that I don’t have the job and they cannot employ me because I would be a liability and would claim workers comp. I suggested he observe me on site performing job duties to make an evaluation but he shut me down and assured me that this MRI documented and officially previously dated injury, from yoga, 1 year ago, changed a potential asset to a liability(within 24 hours). I need to work and this is what I do so I’m confused. Do I have any recourse? Thank you.

  161. My wife is transplant patient. In April everything failed and I had to take off of work. I travel to different states and have not been able to travel like my company had wanted. I used my vacation days when I was off. This last two weeks I had to cancel going to kanas I talked to my boss saying I couldn’t travel and needed to talk about my future with the company and what all my options are even if moving to new position to be home every night. He said we would talk and when I sat with him I was fired saying that I knew when I took job I had to travel and because I’ve been unable to like they wanted that they were letting me go. I didn’t think it was right everyone knows why they did. Did they have the right to do? – See more at:

  162. Hello, I have worked at the same place for 3 years but it was bought by a new company about 8 months ago. Prior to the takeover I had been battling health issues nd notified them at the time of takeover that I typically have appointments often but use PTO when I go to them. About 5 months ago my illnesses started taking a toll on me my job could also be deemed stressful which causes flare ups of my conditions (Myofascial Pain syndrome Fibromyalgia, Chronic Pain Syndrome, Nerve Damage and an auto immune disease). When I started tanking my doctor put me on orders to work part time, at which point I spoke to my manager, regional manager and HR who all stated that would be fine long as I had the doctors note. I recently (last week) submitted my 3rd doctors note continuing my reduced work schedule at least thru the new year when he will evaluate me again. This Monday I was informed I needed to have a meeting with upper management regarding the. “Requirements of my position that aren’t being met”. The only part of my position that is not being met is that it’s a full time position and I’m working it part time. Can I be terminated even though I am under a doctors care and am fulfilling all of my job duties, have never been reprimanded or anything. I live in GA and I know it is a terminate at will state but is there an exception if I am currently under a doctors care/orders?
    Thanks for any advice.

  163. Hello, I have been diagnosed with Narcolepsy. I am a strong employee and am obviously valued. My husband suggested that I go to HR and fill out FMLA paperwork as a just in case; however, I have been hoping for a promotion. Should my new condition hinder my desired opportunity in the corporations eyes? If FMLA is on file will that stop them from promoting me?

  164. I was injured on my job and at first they kept saying it wasn’t work related. But my doctor said it was work related I turned in all documents that I needed to turn in to my job. My attorney said I finally won my case but my job contact me on October 12th and told me since da time I been out for my 2nd shoulder surgery which was work related they said they said they got a new policy in they handbook and after being gone more than six months it up to them to determine if they wanna keep you or not. So they asked me could I come up to the job for a meeting to see if I could run any of the machinery and I said yes. But after I gotten off the phone I talk with my husband and said he didn’t think that good idea going up on da job still under doctors care. He said they can just wit until da doctor release you to return to work in 8 more days. So I called my job back and left a message on their phone since I got no answer letting them know that I wasn’t going to be able to come because I didn’t think it was a good ideal me coming up there on the job with me still being up under doctors care. And the next they call me back and I missed they call and they left me a message saying since you can’t meet with us we gonna terminate you we gonna send your paper to you through the mail. And I wanna why did they terminate me from my job it couldn’t have been because I was ok more than 6 months because my 6 months had been up I came out for surgery march 19th 2015 and was being released to go back to work on October 21st 2015. But since I didn’t make they meeting they wanted me to come to on October 12th 2015 they terminated me 8 days before my return to work. Is that right?

  165. I have worked for my company since April 2015, I recently found out that I have to have heart valve replacement surgery and the cardiologist has already put me out of work. I am not eligible for FMLA and my employer has given me three weeks to have heart surgery and back to work or terminated. Is this legal. I live in SC, it’s a right to work state.

  166. Hi,
    I have a queation. Im not a very “lawsuit happy” type of person, however, I believe I was not treated fairly with my last employer. I had been seeing a doctor for a number of mental health conditions such as anxiwty, depreasion and stress. I was actually under a doctors care(psychiatrist) at the time of me being fired for being late. The company was more than aware of the conditions and i had even recorded a convwrsation i had to have with two of my upper managers concerning my being late and told them I was under too much pressure at work with my conditions and had a hard time sleeping. The company is very large known world wide so I wont say which is but do I have any grounds for a lawsuit?
    Thank you,

  167. So last week I slammed my finger in the car door it was first day back to work from vacation because we closed for two weeks my stitches came out today and my boss will not let me work I’m being jerked around at my job pretty much like they fired me what can I do about it?

  168. I had bariatric surgery due to the surgery I lost a lot of vitamins in my body so after surgery I was not able to walk. Now I got a letter explaining or stated my termination date in writing can they do this please advise me in what to do or what measures I can take 1-803-596-2905

  169. I was fired 2/9. I was hospitalized 10/27 after trying to commit suicide from tremendous stress at work and my boss. I was hospitalized at the hospital where I was employed..upon my discharge my psychologist asked of I had ideas of self harm…I replied no not at this point. She wanted to know it I was ready to return to work. I said it been a week…no. she asked how I felt about my boss…I replied don’t put us both in a dark alley with no cameras. She replied ok..You know I have to warn her and you may be banned during your outpatient treatment she say up..I did a Php program and an Iop program. For anxiety…stress .I finished treatment 2/3. And was told on 2/9 I was discharged and given a severnce package. Can they do that?

  170. My mothe/r works mon/tues/wed/thur/friday and every other saturday. She was taken by ambulance from her work for a heart attack on Tuesday(02/23/16). Her work gave her the rest of the day off and told her just to let them know when she could come back to work as soon as she finds out. The next day she informed her work that the doctor’s were releasing her for work on Monday(02/23/16). Upon arrival at work on Monday(02/23/16) her boss then told her ” you don’t look steady on her feel do not come back until you talk to your doctor at your Thursday appointment.”

    Now over a year ago she had to have surgery on her knee. It was the same situation it was sudden medical issue. however they fired her and told he she could re-apply when she heals.

    What I wanted to know is if she gets let go again could this be considered a sort of wrongful termination? If so what can she do about this?

  171. My wife was at work yesterday when she started to have some really bad anxiety. when she asked her manager of someone can cover her, she was told that she could not leave until somebody covered for her. my wife ended up leaving and driving to the merge next room, all while her manager was texting her and attempting to make her feel guilty or wrong about leaving.
    she has not been fired, or given any punishment, but she is worried that her manager might try to fire her because of this. Is there any law in Texas that allows an employer to deny an employees right to visit the emergency room?

  172. can my employer fire me after I gave a letter from Dr that I have been diagnosed with epilepsy, and after I fell and had an seizure and fell on there property.

  173. I got into a car accident the end of July and fractured my back, I got the okay to return to work in October with restrictions of no lifting more than 20lbs no climbing ladders.. As of today My fracture still had not healed. My boss before my accident did not want me back so I went and got a new job. When I went to my interview I told the manager and she told me not worry at all, they wouldn’t make do anything I wasn’t suppose to. I started working at 35 hours a week the first month, as the time went on my hours slowly went down, by Christmas I was working 15 hours and getting yelled at for now being able to lift the 30lbs bags of trash or the 40lbs of soda crates and not stocking which I have to get on a ladder to do, and then she claimed my hours went down because they got very busy and knew I couldn’t handle all the work.. And my hours would surely pick up after the holidays.. They picked back up to 20 hours a week.. February rolled around and they went back down to 16 hours IN 2 WEEKS!! They are now working me only 1 day a week not even for 5 hours a day. They have not fired me yet but when I ask about my hours they say it’s because my restrictions. I’ve looked for another job but I’m consider a high risk employee.

  174. I been employed with this employer for a bit over a month. I had been in a car accident on 11/2015. When I got interviewed I made sure I let my employer know that I had to attend therapy. When I mentioned it to her at the time of the interview she had no problem with it. Now when it came to me attending therapy she told me no that I couldn’t go so I looked at her again and asked again and she said no that because I had just got the job that I had to give her a month in advance notice of taking off. I told her no I’m not asking for the day off, I’m asking to come in late or get off early so she said no. Now, 1 week later I seen how bervaly abusive was to my employer to the point my coworker left to lunch and never came back.Next thing you know I’m left to do all the work for the front office by myself at the same time my employer starts being verbally abusive to me and has me babysitting a baby that belongs to my coworker her is the assistant who she brings her baby who is like 8 months old to work and keeps him in the lab office all day.Next thing you know , I start feeling sick , I throw up and start getting chills , I’m sweating not feeling well at all to the point I almost fainted on top of one of our pts at the time of an exam therefore my employer takes my pressure and its 178/167 so we retake it 3 times and its still super high! I keep telling my employer I don’t feel good and she refuses to let me go home for a good 15 mnts saying her pressure machine is broken to wait a couple of minutes! I finally leave home next day I’m still sick I go to my doctor he faxes a form to my employer letting her know he is having take off work for 1 week. Next thing you know I get a call from another employer saying my employer asked her to call me to let me know not to go into work on Monday to do having no patients but like 2. I believe she is trying to get rid of me by cutting my days and hours. Is that legal?

  175. Last week while working I started having a horrible pain in my right forearm down to my finger tips, my job requires a lot of hand work (I work in the kitchen at a chipotle)
    Well I couldn’t stand the pain anymore so I waited a good two hours until we where no longer opened and I told my manager on duty that I couldn’t stand the pain anymore and I was leaving to the hospital , and quote on quote he said well if you and leaving you need to understand you are leaving your job , so do what you wanna do.. They have not clarified if I’m fired or not? I’m having a meeting tomorrow and I do believe I am getting fired, any feed back is welcomed

  176. I was diagnosed with leukemia in Oct 2010 went threw two years of chemo treatment when i tried to go back to work in Jan 2012 my body was very week from the chemo treatments so i had to take more leave tried again in July 2012 but complications put me out again. I found out that during this time my company (kohl s) fired me twice i have been fighting this since even tried to get a lawyer but they said there was no monitory value to them or they just don’t return my calls i have worked for this company for 8 years but according to my records its only been two years. i lost all my vacation time years of service and now this store is closing which means i my never be able to get this thing resolved

  177. I hurt my back outside of work i put up with the pain for 3 weeks without missing a day then finally went too the E.R after work i was told a had a bulging disc in my back and to take 2 days off work i let my employer know what was going on 5 hours befero my shift they said i would be fine
    and will not get in trouble so i return to work after the 2 days and work 2 full days then im called at home from my employer saying im fired for the days i missed even with the doctors note

    What should i do?
    I still have the doctors note and text msgs to my supervisor letting him know also

    Thank. Chase koch

  178. Here my situation what do I due if I have been out of work for a month due to plantar fascitis and heel sprain and I have given my employer every Dr excuse and 2 medical release forms from my podiatrist releasing me to go back to work and I have asked for the FMLA paperwork and they have never given it to me. They refuse to have me go back to work until they decided if I can.

  179. I have been informed that I can be terminated from my job while on FMLA leave if the company I work for is suffering hardship due to work that I am not able to complete whie I am not there. Is this true?


  180. Hello,
    Okay so I have a friend who was taken off work with a back injury. She went to the chiropractor, attended physical therapy, and had an MRI done. She has 3 buldged discs in her lower spine. She was off work on a doctors excuse from November 15 to February 16. She was informed by another staff member that she had been replaced and removed from the schedule completely. The week that she was finally allowed to go back to work, she received a letter in the mail saying that she had resigned without notice. I’m slightly confused on how you can resign without notice if your are out on a doctor’s note?

  181. One day this week my manager called me into the office and he told me we know you have FMLA but every month you have to miss I have 3 bulging disc and I work for a pharmaceutical distribution center and I was just wondering he told me that I probably need to do something about it because he thinks that I’m just wanting to extend my weekends I have 3 days every month that I can miss and I worked hard and I’ve been there for 13 years and I told him it’s really none of his business and he said well so and so had surgery I said well you only have one back and you might not ever be able to work again he said well I’m not trying to get in your business and I know the HIPAA law why did he even call me into the office when my back is bad it’s bad I have a family I think he was out of line and I work for a big pharmaceutical Distribution Center the job is hard but I’m still working

  182. I was involuntarily admitted into a psychiatric hospital (My work knows I have depression and considers me disabled because of it) and they fired me while i was in the hospital due to attendance. I am going in tomorrow to tell them what happened since i was unable to do so during my week stay at the hospital and I am worried they will not let me keep my job, what can I do?

  183. We live in Hannibal Mo. My niece just found. Out she has cancer an hasn’t been at her job a year she only gets 6 weeks off her employer. Told her if she was gone longer then 6 wks she was terminated can they do that?

  184. I was in the special education program in school and recently I was fired for a food allergy by my current employer. I have documented records on both my problems and disabilities. I also told them of the allergy before employment but it was never this severe. I do live in a right to work state was it a wrongful termination under any act or are they able to fire me due to being a risk or hazard in the work place I’ve been searching for answers and haven’t found anything. I was admitted to the E.R because my body went into full epileptic shock just from skin absorption first time we ran this product while I’ve worked there. Usually I have to eat the product to get a reaction but it was undeluded but they did not accommodate for the allergy in the work place for one even though they were informed prior employment. So I was forced into contact with the product due to placement that night. Two I do have disabilities but choose to work and keep preforming to create a better life for myself. I’ve struggled so hard to get this far and I don’t know what is legal and what isn’t.

  185. I just had ankle surgery in march been out of work for recovery. after I was able to start to walk again I decided it was time to return to work. the doctors advised to wait until and if I do work not to to prolonged hours standing on the foot. I got hired at a company and advised I could only work part time, and that the doctor really doesn’t want me to work until june. the store manager hired me anyways. she scheduled for a few long shifts that I knew I couldn’t due and asked if in the future she can only schedule me to work 4 to 5 hours a day. everything was okay and I still finished the already scheduled hours. on my day she called and said she had to terminate me saying I was a liability risk. while employed there I learned she had people going in and helping out that wasn’t on her payroll.

  186. I was recently terminated from my job for “having too many medical problems”.. I have been having problems with my left foot and ankle and doctor put me in a boot aircast.. I missed a few days at work because of the issue, but had notes from my doctor for every day that i missed stating it was advised that i took a those days off because of the severe pain and swelling i was eexperiencig. I later had an mri on my foot to find i have two torn tendons and they have to shift my heal, then insert a screw through my heal into my foot which requires surgery and at least a 90 day leave of absence. On one of the vdays i was off work from my doctors excused days i was apparently terminated without no knowledge to myself or no notice. It was told to my fiance instead whom also works where i did that i was fired for having “to many medical problems” and for me not to return. Is this allowed to be done like this? I dont know what to do?

  187. I have a condition where if I get a migraine it causes stroke like symptoms: numbness in the arms and legs and face and loosing contontrol of it. I was treated got it when it first accured but the doctor said there was no cure for them but I told my employeer ab it and they said ok, well today I had an episode at work and needed to sit down and rest and with no feeling in my left arm my employeer said to clock out if I was just going to sit around I have a feeling they are going to fire me over that and I have proof that i had been treated for it so can they fire me for that

  188. Thanks to all who continue to read the blog, and for the comments and questions. Most of these questions are legitimately very fact-specific and/or deal with employers in states outside of the ones in which I practice (that is, Massachusetts and New Hampshire.) The best response I can provide on the blog — because the blog posts and my responses are NOT confidential — is to urge readers to contact an attorney in their home state that represents plaintiffs/employees in termination or discrimination cases. For those of you in Massachusetts or New Hampshire, feel free to contact me directly at the office — via phone at 978-534-9771 or email at — so that I can give you confidential advice in response to your specific situation.

    Thanks again for reading and best of luck.

    Regards, Janie

  189. I had a minor stroke or something similar happen while I was driving school bus. It was determined that my “injury” was not a job-related injury. They keep telling me that because my injury was not job-related, that they do not have to provide me work to do.

    My situation is about two weeks old. I was directed to go see my doctors by my employer, which has turned into what will be at least a month of work ups and tests. I have been given a no driving restriction, which could lead in a worst case scenario of my license being removed due to my condition.

    Is there a point where my employer must terminate me if I am unable to to my job per an extended no driving restriction or permanent removal of my license (if it should come to that)?

    Can my employer keep me in this permanent holding pattern of not providing me alternate work indefinitely without either letting me go as a layoff or firing me? I think they are going to force me to quit using these practices …

    1. D.S.:

      It sounds to me like you need to immediately contact an attorney in your state that handles workers’ compensation claims. You should absolutely obtain confidential legal advice specific to your situation before taking any further steps (and certainly before resigning your employment!) If you are in Massachusetts or New Hampshire, contact me directly at

      Thanks for reading.



  190. I working in the ER where we are not allowed to have breaks the majority of the time. I was just diagnosed with thyroid cancer and gave my boss 8 weeks advance notice of surgery to remove my thyroid. However I was told that she could not accommodate my time off and asked me to readjust my time till the end of all because others were going to be on vacation that week. She then continues to Blackmail me by telling me that I need to do she says otherwise I will be fired and she knows that I need my employment and insurance due to my health situation. No one will work with me what should I do?

    1. Larry:

      I am sorry to hear of your diagnosis. Your post does not mention the state in which you are employed. If you are in Massachusetts or New Hampshire, you should contact me directly at the office — via phone at 978-534-9771 or email at — so that I can give you confidential advice in response to your specific situation. Otherwise, you should immediately contact an attorney in your state.

      Thanks for reading.

      Regards, Janie

  191. I have a week knee.I explained this to my employer that I cannot be climbing stairs I had to go to the emergency room due to the pain in my knee then I went to the doctor the next day I called my work and let them know what my doctor had said to stay off of my feet because I was in a brace. do they have reason to fire me

    1. Tracy:

      My practice is in Massachusetts and New Hampshire. You should contact an attorney in your state that handles plaintiff-employee side disability discrimination claims.

      Thanks for reading the blog.


  192. Hi I’m writing to you for information. I works for my former employer for almost 9 years total. I’ve been hospitalized a few times probably I’d say more than 20 in the past five years. I have a chronic kidney infections that leave me very I’ll. I recently have been sick and had to call off work do to another infe tion. I was terminated from my job as a result. I had asked my employer numerous times for fmla paperwork that my doctor deemed necessary for me to be off work and see the right specialists and get my medical issues taken care of but former employer told me I didn’t need it that I would always have a job. Well I became severely sick. And I was terminated not from my owner but by a manager who does my schedule while I was in getting two procedures done. And I didn’t get out in time to call him. My Dr. Said she would help file temporary disability forms but I thought u had to be working to receive that benefit. I need some sort of answers. I’m a single mother with two children and no money to provide for them or bills. And I need to get better before I’m not here to even be a provider I’m lost on what to do.

  193. Hi, i am 24 years old, live in Florida. I have been working at my job and September 2016 i will turn 2 years. September last year 2015, i have fallen in my my apartment complex on a broken stairway, which result to lateral meniscus tear, 2 herniated disk in my lower back, and pinched nerves ( sciatica). Due to fhronic medical situation i had and continues to have i was placed on FMLA by my chiropractor doctor. He fill out the form and sent it to my HR, they approved it and so fourth. Every time i miss a day or cominn or leaving early due FMLA related i was told to email a team that is responsible for my coverage and adjustments, which i always did. As i knew that i had to have a knee surgery 4 months prior, i informed them right away but told them that i dont know when. And finally the doctor called me and told me that all the paperwork have been done and now i am ready to get the surgery done so we scheduled the day. Again went back to my upper level and informed them about the procedure and they all said ok. But they told me to go online and request the days off, i went several times could not seems to do it because as of 6/1/16 all FMLA request must be submitted online. I emailed the team that i used to for many occasions and let them know that i have difficulties submit it. And also email and my supervisor about it before i even took off and noone guided me. I took off and the doctor gave me a paper says” not clear to return to work” the same day after the surgery. And the doctor wanted to see me after 2 weeks within that visit he told me now i can get back to work and when i get there they told me that i am fired due to many no call no show policy even i brought with me the doctor’s note. While i am still on fmla and eligible to take up to 3 months consecutive days. CAN YOU PLEASE HELP ME? i need to know what to do. Can i get some kind of benefits while looking for something else?

    1. Eve:

      My practice is in Massachusetts and New Hampshire. You should contact an attorney in your state that handles plaintiff-employee side disability discrimination claims.

      Thanks for reading the blog.


  194. My son works for Walmart in Martinsburg, West Virginia. He has pancreatitis and was hospitalized for a week. When he returned to work with a Doctors note, they told him he could not return to work until he filled out paperwork and faxed it to a company that would clear him to come back.he has now been out of work for two weeks and still has not heard anything. he has a wife and two babies to care for and they didn’t fire him so he cannot collect unemployment and now he isn’t making any money. He has worked for them for a year and he only had 1 day of personal time accrued. i dont know what the actual policy is but it sounds illegal to me. i mean people have emergencies and it was only 1 week off for an illness.

    1. Trudy:

      My practice is in Massachusetts and New Hampshire. You should contact an attorney in your state that handles plaintiff-employee side disability discrimination claims.

      Thanks for reading the blog.


  195. I work for a company there services are contrated through a hospital i was amitted in the hospital and had a procedure through the hospital and was unable to work from doctors advice advised supervisor when i was able to come back keeping them updated and was sent a letter being terimanated due to this reason is this legal and what should i do?

    1. Alicia:

      If you were employed in Massachusetts, you should contact me directly at 978/534-9771 to discuss your situation further. Otherwise, you should contact an attorney in your state that handles plaintiff-employee side disability discrimination claims.

      Thanks for reading the blog.


  196. I have a medical situation that ended up landing me in the hospital and I was unable to work for 2 days. I took my note in to HR the day I left the hospital because the doctor required me to be on medication that completely prevented me from driving or operating machinery. I was told by a woman in HR to call back the next day so that she could assure me that my note was going to excuse me because I was on a final write up for my attendance. I called and she never got back to me until the day I went back to work and spoke to her in person. She verbally told me that my note was taken care of and that I would not be getting disciplined for missing work. She has also excused many other associates with doctors notes who are on their final write ups as well. A few weeks went by and I was randomly pulled into the managers office and told that I was going to be terminated because of this incident and I lost my job. I asked the manager how I was supposed to go about the situation if I was on medication and there was no way at all for me to be able to work and he said regardless, I still missed work. He fired me after I completed my entire shift because there was nobody else to cover that day and he told my supervisor that I was being pulled to talk about changing my schedule. Is there ANYTHING I can do about it? Or does the fact that I was on a final make it 100% legal? Some of the people who are on finals with doctors notes are actually still working there because the woman in HR that I spoke to erases the point records of certain individuals, from what they have told me personally.

    1. Linda:

      If you were employed in Massachusetts, you should contact me directly at 978/534-9771 to discuss your situation further. Otherwise, you should contact an attorney in your state that handles plaintiff-employee side disability discrimination claims.

      Thanks for reading the blog.


  197. My boyfriend is in the union and was hurt back in April. He was on light duty seeing the company’s physician assistant when he was told to return to full duty work. He felt this was wrong and got a second opinion who said there was definitely something wrong. So fast forward 3 1/2 months and he hasn’t been paid from Workers Comp and he now needs extensive surgery on his knee. He was just released to go back to work on light duty which they have been begging him to take since he went out on 100% disability and now that the Doctor released him to light duty/sedentary work until surgery they have fired him. Is there laws against this. he is in dire need of legal advice.

    1. Stephanie:

      My practice is in Massachusetts and New Hampshire. If your boyfriend was employed in either one of these states, feel free to contact me to discuss your situation further. Otherwise, you should contact an attorney in your state that handles plaintiff-employee side disability discrimination claims.

      Thanks for reading the blog.



  198. Hello,

    I was out on short term disability with Tyco/SimplexGrinnell. I was informed by Human Resources that I could not return to work, unless I provided a letter from my Primary Care Provider that I could return to work without restrictions.

    I provided this letter to Human Resources once my PCP got certain test results back indicating I was cleared for work physically.

    Once I provided the letter stating I could return to work without restrictions. I was terminated from my Employment.

    I opened up an unemployment claim and it was denied by Tyco/SimplexGrinnell.

    I appealed this with the Massachusetts Department of Unemploymet Assistance.

    The Massachusetts DUA scheduled an Appeal Hearing. I provided all the necessary documentation at this Appeal Hearing that was necessary. The DUA found that enough evidence was present to find that the company was in the wrong for terminating me and I was able to collect unemployment.

    The DUA office indicated that they did wrongfully terminate me based on the documentation provided at the appeal hearing.

    Please let me know what steps I can take to ensure that this will not happen to others.

    I know Tyco/SimplexGrinnell has done this to others previously by speaking with other employees.

  199. I was let go from my job at the hospital when I requested FMLA and told them I would be pursuing short term disability. I suffer from basilar artery migraines (cause me to pass out). The had been getting out of control, and I had gotten some unrelated blood work results back that morning. I called my HR department to see what I needed to do to get the process started, and they referred me to my department supervisor. Upon my request, my supervisor leaned back in his chair, and said, “I’m not going to do that. I’m going to fire you instead.” When I asked why, I was told it was due to me either calling in, or leaving early (one of those “leaving early” was due to passing out to a migraine at work and being sent to the ER) 8 out of the past 14 days. When I explained that it was because I’ve been sick, and I just got not so good test results back, he said, “I’m sorry to hear that, but I’m still going to fire you.”
    I had been working for the Hospital for over a year, and they had been working with me and my migraines the entire time.

    1. Crissy:

      My practice is in Massachusetts and New Hampshire. If you were employed in either one of these states, feel free to email me directly at to discuss your situation further. Otherwise, you should immediately contact an attorney in your state that handles plaintiff-employee side disability discrimination claims.

      Thanks for reading.



  200. I worked for a major national automotive repair store. I unfortunately had to undergo heart surgery as my arteries were 99 % blocked. I was a heart attack waiting to happen. The procedure went smoothly and without complications. The Dr provided me with a medical restriction note stating I could return to work light duty and pending a successful stress test result I could return to normal duty. I go for my follow up stress test in w months time. My manager was advised of my restriction and continued to book large physically demanding jobs on me. I reminded them of my medical restriction and was fired because of my inability to comply with the job at task. I feel I was fired because of my medical condition which in turn has created an amount of stress that is non conducive to my heart related situation. Now the stress is so prevelant I am experiencing chest pain and anxiety. What are my options

    1. Michael:

      My practice is in Massachusetts and New Hampshire. If you were employed in either one of these states, feel free to email me directly at to discuss your situation further. Otherwise, you should immediately contact an attorney in your state that handles plaintiff-employee side disability discrimination claims.

      Thanks for reading.



  201. Question : My boyfriend went to the hospital last Friday and was diagnosed with kidney stones. They gave him a Dr note for two days which covered his shift that night and the following day which he was off. He went back to work normally this past Monday and his supervisor said you better have your doctor’s note or your fired. He presented his doctors note and went about his day. Well tonight is Tuesday and he just went back to the hospital with severe pains again and we’re afraid he’ll be fired. Would they be allowed to fire him if he left work to go to the hospital and returns with a doctor’s note?

    1. Emily:

      The answer really depends on many other facts. My practice is in Massachusetts and New Hampshire. If your husband is employed in either one of these states, feel free to email me directly at to discuss your situation further. Otherwise, you should immediately contact an attorney in your state that handles plaintiff-employee side disability discrimination claims.

      Thanks for reading.



  202. I had spine surgery in may, my flma (90 days) has passed I am still out do to restrictions and in physical therapy. My employer can not hold my position any longer and wants to classify me as prn (as needed ) I would have been released to return to work in 20 days. Am I eligible for umemployment?

    1. Robbie:

      Generally, unemployment will be available once you are able to work. Aside from your unemployment claim, you should consult an attorney privately and directly regarding your termination. My practice is in Massachusetts and New Hampshire. If you were employed in either one of these states, feel free to email me directly at to discuss your situation further. Otherwise, you should immediately contact an attorney in your state that handles plaintiff-employee side disability discrimination claims.

      Thanks for reading.



  203. I recently had surgery while employed by the city. i was put on a no more then 10lbs lifting restriction. when i tried to return to work (could still sweep a floor or something anything really) i was told they have no light duty. so I ignored this and just went the 4 weeks on leave without pay was given no other option while healing. I came back to work was a lil weak and kinda sick at first but everything got back to normal until about 5 weeks in when i had another episode and spent the night in the hospital. i was given a drug screen while in ER from work (neg of course) and went back to work after the weekend. explained i would have to go back to drs and possibly more surgery. after a few more dr appointments i had to see a specialist 2hrs away they decided they wanted more test before surgery. i go to work next day explain all this work that day as normal. when i return the next day im told they had a meeting and decided to let me go (takes the mayor and at least 2 city commissioners) when i asked why i was given the response “well due to new hipa laws they were advised by there attorney not to discuss it with me” then they tell me i can reapply in 6 months and to use both the mayor and my direct supervisor as references if i apply to another job. all this a month before my 1year of employment. i was also told by the mayor that getting unemployment would be no problem. i never had any disciplinary action other then an accusation which i was led to believe was proven to be false but no write ups or “if u do that again ur fired” just no warning at all and i dont think i ever called in sick other then 1-2 times the rest was all doctor appointments. i think this could be a real solid wrongful termination.

    1. Steve:

      My practice is in Massachusetts and New Hampshire. If you were employed in either one of these states, feel free to email me directly at to discuss your situation further. Otherwise, you should immediately contact an attorney in your state that handles plaintiff-employee side disability discrimination claims.

      Thanks for reading.



  204. I got fired from my job for having Anxiety. I told them when I filled out my application, again when I went to do my background check, and again on my first day. Is this legal since it is a Medical issue and they were told before hiring me? If its no what are the next steps I should take?

      1. Jeanine:

        You should definitely contact an attorney in Louisiana that handles disability discrimination claims. My practice is in Massachusetts and New Hampshire. Thanks for reading the blog.



    1. Tom:

      Thanks for your comment, and please excuse my delay responding. I hate to sound like a broken record, but the answer to your very legitimate question (as with many questions on this issue), is “it depends.” Your employer is required to provide reasonable accommodations under certain circumstances, and you must be able to continue to perform the essential functions of your job. You might find this blog post helpful as well.

      Beyond that, I suggest that you speak directly to a lawyer in a confidential setting (which this is not). My practice is in Massachusetts and New Hampshire. If you were employed in either one of these states, feel free to contact me — — to discuss your situation further. Otherwise, you should contact an attorney in your state that handles plaintiff-employee side disability discrimination claims.

      Thanks again for reading.


  205. I was hospitalized 811_thru 8\3016 for west Nile , acute lupus flare up , cmv virus . in the process I had contracted nerve damage causing paralysis to right arm and leg. Currently in therapy and healing . my employer told me to keep informed and had documentation from hospital. They told me because I am not eligible for fmla , there was no need for paper work. Keep in contact on progress and I could return to work. On the 29 of sept I received separation notice in mail stating I quit. This is a lie. I was granted unemployment. I now have found I should have qualified under Ada equal access to leave accommodation. Is this true? Tennessee

    1. Deanna:

      It sounds to me like the ADA applies to your situation, but you should really speak directly to an attorney in Tennessee that handles plaintiff-employee side disability discrimination claims. (My practice is in Massachusetts and New Hampshire.) Best of luck.


  206. Hello,
    My brother was fired after 3 months for having a massive stroke. His insurance had finally started, and the following week he had a MASSAVE stroke. He was fired for not showing up to work, even though the company was informed of his health emergency.

  207. Hello, my son has anxiety real bad. He’s on medication and sees a psychologists for it. I know that anxiety is covered under the mental ADA. He recently got a job. Went through orientation and was ready to start his first day at the facility. He had an anxiety attack at the front door and was unable to walk in. They fired him. We explained to the manager about his anxiety and was told to come back. He did but the store manager told him to go home and not come back. Can they do that? Does a person need to be working at an employers for a certain number of days before the ADA kicks in.
    Thank you for your help.

  208. Hi question i work for walmart…been there 10 months. They have a points system after 9 then can fire you. I have 6 right now due to health issues.TIAs to be exact.I have no control over this if it happens it happens. can i be fired if it came to this happening again? I would be out for a couple days and thete goes my points……really scares me thanks

    1. Debbie:

      You should work with your doctor and your employer to identify a reasonable accommodation that will allow you to perform your job. A reasonable accommodation MIGHT include being excused from this point system. See the other articles on the blog regarding this issue, and also check for further resources and information.

      Best of luck and thanks for reading.


  209. My Fiancee worked for Grocery store for 21 years. She was injured on the job, 12/19/2015 had surgery due to her injury on 03/2016.

    She received a letter in June 2016 from the company stating you have been off work due to injury for 26 weeks, you have the option to take personal leave,if you fail to take personal leave within two weeks we have considered you voluntary quit, she filled out the leave request and mail it in, than one week later she received a letter from the company stating her leave has been approved, until 09/21/2016 that she needs to contact the store two weeks before this time to seek you work schedule, she called the store on 09/07/2016 which they told her she has been removed from store’s system and that she needs to contact Headquarters, which we emailed several people at HQ but they ignored all calls and emails. Her final appointment with the Workers Comp doctor was on 09/22/2016.

    We also sent a reasonable accommodation request on 10/03/2016 which went unanswered, she received a letter on 10/26/2016 stating she had been terminated on 09/21/2016.

    Also we just obtained a copy of the Company handbook, and under there workers comp policy it states if you’re injured on the job and out for more than 26 weeks we can terminate you with or without an accommodation.

    Your thoughts ?


    1. Gary:

      There are potentially several violations by your fiance’s former employer. See this blog article for more information.

      If your fiance was employed in Massachusetts or New Hampshire, you should contact me directly off-line at this link. Otherwise, you should immediately contact an attorney in your state that handles employee disability discrimination claims.

      Thanks for reading the blog.


      1. Thanks for your response, I told her there we’re several violations. I wished it happened in your State so you could pursue it on her behalf. But it happened in Tennessee, I have contacted several Attorney in TN but one said they don’t have time, a couple others said they weren’t interested in pursuing.

        I think it’s sad. Because she has a good case.
        Do you know any Attorneys in TN ?
        Again Thanks


  210. My son got fired from his job because he went to be with his father in the hospital who was having a stroke. He called off and his manager told him she didn’t give a F*** he had to be at work. He decided his dad was more important. What can be done about this

  211. I had major surgery on my neck at the end of October and my FMLA runs out next week period I am still having issues because the surgery did not fix the issue that I am still having because I’m running out of FMLA Next week, Cam I company who has laid off some people are ready this month, fire me if I’m not back at work?
    I told my surgeon weeks months before my surgery that my arms are still having some problems with and I’ve told him twice since the surgery since I’ve seen them twice about it and nothing is being done period now I feel like I haven’t I am being forced to go back to work before I am ready because of my major issues period my company has personal medical leave but that does not guarantee a job period if the FMLA people are trying to contact HR with that protect me from losing my job ?

    1. Holly:

      You should work with your doctor and employer to identify an accommodation that will allow you to keep your job. See this post for more information.

      Thanks for reading.


  212. Im possibly about to lose my job due to some serious back problems, will soon find out what the diagnoses is. I was put out of work and because they will not accept my doctors note to be out of work i will have missed to many days. Will i be able to file unemployment for this reason. I possibly have anylosing spondylitis which is a chronic disease what should i do?

  213. I’ve been sick on and off with mental health issues. My doctors have me on meds but we have not had a lot of success getting them right. I can’t concentrate or do my work without outbursts of emotion in the office. I have been on and off to work for 6 months. What are my rights? I work for a company smaller than 50 people. Can they fire me legally?

    1. Susan:

      It depends. Your employer is allowed to require you to perform the essential functions of your job. On the other hand, you are entitled to reasonable accommodations at work that will allow you to do so (even while working for an employer that employs fewer than 50 people — the 50-person minimum applies to the FMLA, and there are other laws that potentially protect you.) What is reasonable depends on the circumstances, and the employer can only help you if you notify the employer of your medical condition and what you need at work so that you can continue to do your job despite the medical condition. See this blog post for more information.

      I hope this is helpful, and wish you the best of luck.


  214. I’m currently working a full time job at a non for profit retirement community in Florida. I have anxiety attacks at work and I tend to be able to control it sometimes. I was told today if I had another anxiety attack, I was going to be fired for unprofessionalizm. Is this legal? I’m on meds for it and right now I’m at my max dose for today because if this.

    1. Harley:

      That does not sound appropriate to me. Your employer is required to REASONABLY accommodate your medical condition. What is reasonable depends on the circumstances, and the employer can only help you if you notify the employer of your medical condition and what you need at work so that you can continue to do your job despite the medical condition. I would suggest that you notify your employer in writing. See this blog post for more information.

      I hope this is helpful, and thanks for reading.


  215. My ex-brother-in-law was fired from his driving job of 16 years after he had his first accident due to his (unknown at the time) medical condition.

    The short story:
    He has been feeling sick for quite some time. He’d mentioned that he’d been pooping blood to family members.

    Monday (12/05/2016) – he decided to go visit the doctor for a check up. The doctor scheduled a following with him for Thursday for a full scan.

    Tuesday – He put in a PTO request to his work to go for a full scan on Thursday.

    Wednesday – He want to work (he’s a driver). While driving, he got really tired (possibly because of his condition) and lost control of the truck and had an accident. This was his first accident of 16 years of driving for the company.

    Thursday – He was fired from the company. He also went to the doctor for the scan and he was diagnosed with intestinal cancer.

    Today (12/26/2016) – Now he’s out of a job and will be out of insurance after the month is over. His cancer is spreading very fast and we fear that he will not get treatments due to his insurance.

    Does he have a case with his company to keep his job so that he will continue to have his insurance? We are in Tennessee.


    1. Andrew:

      I am sorry to hear about your brother-in-law’s situation. Unfortunately, an employer is not required to accommodate a condition that it does not know about. See

      Whether or not your brother-in-law has any potential for a claim against his now-former employer likely turns on exactly what he told his employer on the Tuesday before the accident (that is, when he told his employer he needed time off.) Also, did the former employer have a policy regarding handling work-related accidents and did it follow that policy in your brother-in-law’s case? If the company did not follow its own policy, and treated drivers without a medical condition more favorably, there may be something to investigate further.

      Since my practice is in Massachusetts, I would urge your brother-in-law to contact an attorney in Tennessee that handles these types of claims. I wish you and your family the best of luck.



  216. My son was diagnosed with ulcerative colitis and prescribed medications. Two weeks later, his supervisor “talked” to him about excessive bathroom breaks and he told him about the diagnosis. Moments later, he was removed from his position as a line cook and sent to work the retail side of the store to finish his shift. He was told that they really didn’t have a place for him, as all of the holiday employees had already been hired. He was not a holiday employee; he was regular staff. Long story short, he was terminated. Another employee said he used profanity and he was discharged. He began receiving unemployment, then it was withdrawn, stating that he had been discharged for the profanity. He filed an appeal, and he actually won. He will be allowed to receive unemployment benefits. Our question is, would this be something that an attorney would take on as far as being discharged without cause and with a medical condition. We are fairly certain that they had no idea what ulcerative colitis was, and felt that he could not work as a line cook.

    1. Michelle:

      Based on the facts you have laid out here, I do think there is possibly a case for disability discrimination (wrongful termination.) If this happened in Massachusetts or New Hampshire, where I practice, I would certainly want to talk to your son further regarding a private lawsuit against his former employer. I would urge him to contact an attorney immediately. In the meantime, see this other blog post for more information.

      I hope this is helpful and wish you the best of luck.


  217. My niece is currently twenty-eight weeks pregnant; though she had few problems with her first pregnancy, this pregnancy has proven quite different. Due to various issues, her doctor issued orders for her that allow her to miss work whenever any issue arises due to the pregnancy. Up until the past two weeks, she has been able to go to work each day, despite her workplace continuing to require her to perform tasks that violate her doctor’s orders.
    And yes, she continually advised her supervisors that they were requiring more of her than her doctor had advised / ordered her to do (or not to do) during the pregnancy, which is possibly the reason for problems now in her twenty-eighth week. When my niece again showed them the paperwork/orders from her doctor advising that she could be out indefinitely due to her pregnancy, the company found a way around the issue; they accused her of theft on the job ! She is (was) a supervisor, and the so-called “theft” she was accused of arose out of a practice that is performed DAILY by her supervisors, managers, and others throughout the workplace. And she, as well all others involved in this practice , have been doing this for the past three years; however, suddenly, she alone is being is accused of theft. Of course, this is clearly this employer’s evil (and I think unlawful) way of “getting rid of a woman with a problematic pregnancy,” but we are not sure whom to contact : the state labor board, an attorney who deals with labor issues, etc. ????? And of course, these issues affect the ability to collect unemployment funds, which is definitely a problem for a pregnant woman… Any advice / help will be greatly appreciated… Thank you

    1. Sharon:

      Your niece’s employer may have violated the Americans with Disabilities Act, the Federal Family and Medical Leave Act and/or corresponding state law by terminating her. See the EEOC’s website for more information. If she was employed in Massachusetts, feel free to have her contact me directly at this link

      You may also find another of my blog posts helpful regarding her unemployment hearing.

      I hope this is helpful.


  218. I have an eye condition which does not allow me to drive at night. My job is a 7AM to 3PM job except when there is a call out. My employer says I may be terminated even though I have a letter from a medical professional. What is the rule of this?

    1. Dante:

      It sounds to me like you are able to perform the essential functions or your job — that is, you are able to do what you need to do on the job from 7AM to 3PM (and later.) If I understand correctly, your employer is saying that you may be terminated if you are unable to respond to a “call out” if the “call out” occurs after sunset when you cannot drive. Consequently, your employer may be required to accommodate your medical condition by not calling on you after sunset. You should specifically request the accomodation in writing, however. See this blog post for more information.

      I hope this is helpful, and thanks for reading.


  219. My husband was diagnosed with congestive heart failure, cardiomyopathy, and a leaking valve. His heart function was around 25% the last time it was tested. He went on a medical leave and when he returned he gave the manager a statement from his doctor that he could not do the physical work. His boss spoke to his boss and he said they would find him something to do. Now, we are going on about a year and a half. Recently, his job ask him to take another position that was even more physical and he explained to them that he couldn’t because of his heart function and fatigue were 2 other positions which people were offered that were not physical at all. He told them he could do that job and they said it had been offered to other people. Then they had him to sign a contract that said he would receive bonuses for staying with the company through a transition period, but that did not guarantee a job. We really feel they are going to terminate him and other people will keep their job, and his termination will actually be because of his condition. He has worked for this company for almost 30 years. What should we do to be proactive?

    1. Josette:

      It is important to understand two things. First, your husband’s employer is only required to provide reasonable accommodations that allow your husband to perform the essential functions of his job. The employer is not necessarily required to excuse your husband from performing essential functions and/or find him a different job. Second, your husband must take all reasonable steps to identify for the employer what accommodations will allow him to perform those essential functions. So, if I were you, the first thing I would do is try to isolate what the essential functions are and, second, work with your husband’s doctor and the employer to determine what can be done to allow your husband to return to work. Keep a rolling journal of events and copies of all documents that are exchanged. This will be an ongoing, fluid process and it will take some work on your part. This article from the EEOC website may help with further guidance.

      I wish you the best of luck and thank you for reading the blog.


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