Fired because of injury.

I was fired 2 days after having major knee surgery. I was scheduled to go back to work the next day. They stated I missed too many days, I only missed 3 total days for this, 2 of which I was in hospital, and any other days off since I worked there were okayed in writing. They never once said missing work would cost me my job. They did not give me severance and cut my health insurance that day. Is there any legal action I can take or is our government really that screwed up?

1 answer  |  asked Aug 12, 2004 2:46 PM [EST]  |  applies to Colorado

Answers (1)

Nina Kazazian
Termination and injuries

If you were fired in violation of company policies or the Family Medical Leave Act (or worker's comp--if the injury was work related), you may have legal claims arising out of your wrongful termination.

In order to assess a potential FMLA claim, I would need to know how many employees your company has (is it over 50?) and how long you had been employed there (at least 12 months full-time?). If the answer to both of these questions is yes, then you probably have claims for termination in violation of the FMLA and for interference with your FMLA rights.

You may also have a claim for wrongful termination in violation of company policies, but this would depend on what the employee handbook (or other evidence of policies or practices) says about your situation.

If the injury was work-related, you probably have a claim for retaliation under the workers' comp laws.

You may have other claims under ERISA (federal employee benefits statute) or state law.

I would also want to get some information from you to assess whether you might have any discrimination claims.

In short, your situation calls for a consultation with an attorney. If you are interested in setting up a consultation with me, please let me know. My office number is 303-860-8400.

posted by Nina Kazazian  |  Aug 12, 2004 5:27 PM [EST]

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