Can I seek legal advice for being discharged for being sick?

I was discharged at my job of 10+ years for going home sick. I work as a paramedic, and did not feel right about being around sick patients whose immune systems are already compromised while I was sick myself. I got another crew to do the transfer along with a nurse from the hospital, and I went home throwing up. On my next shift I was told by my employer that I was being fired for not doing the transfer. After this I was hospitalized for 7 days, 5 of which being in the ICU for really bad pneumonia. After 7 days in the hospital I was discharged home with a PICC line in my arm and recieved antibiotics through the PICC line for 7 more days. Even though NH is an at will state is this considered wrongful termination, and should legal action be taken?

1 answer  |  asked Oct 26, 2012 4:02 PM [EST]  |  applies to New Hampshire

Answers (1)

John Skinner
Unless you had opened an FMLA or ADA claim previously, and could frame this scenario in terms of violations of those laws, or RSA 354-A, most likely, this does not qualify under any statutory claim for unlawful termination. If you have additional facts for a retaliation claim, that could change the analysis too.

HOWEVER, this is kind of behavior is clearly against good public policy. We might be able to take your case on those grounds. I'm interested in learning more about how me might be able to help. Please call or email for a free consultation.

posted by John Skinner  |  Oct 28, 2012 10:50 AM [EST]

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