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JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20232
Experience:  Assisting employees and employers for over 14 years.
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i work for a small company of 8 employees i got hurt and the

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i work for a small company of 8 employees i got hurt and the doctors want me off for 2 months my boss want to fire me can he do that ive been there for 8 years
Submitted: 1 year ago.
Category: Employment Law
Expert:  JB Umphrey replied 1 year ago.
Welcome and thank you for your question!

I am sorry to learn of these circumstances. Please clarify:

1. Were you hurt while on the job?

2. If so, are you on workers compensation?

3. Or, did you get hurt while you were away from work?
Customer: replied 1 year ago.


got hurt 2 years ago at work then again this past nov but the last time was at home same problem as 2 years ago the doctors said they are related to the first time


 

Expert:  JB Umphrey replied 1 year ago.
Okay so, importantly, your last injury happened at home -- it didn't occur at work, correct?
Customer: replied 1 year ago.


yes at home

Expert:  JB Umphrey replied 1 year ago.
Thank you. Because this last injury occurred at home, it is not covered under the workers compensation law.

Separately because of the small size of the employer, you are not protected under the Family with Medical Leave Act.

Do you have a written contract in place that would prohibit your employer from firing you?
Customer: replied 1 year ago.


no


 

Expert:  JB Umphrey replied 1 year ago.
Thank you. Then this would explain the employer's position for the termination. There's no contract that ties their hands, this was an off-the-job injury, and FMLA does not apply because of the employer's size. If you worked for a larger employer, you would be protected under FMLA.

I know that this is not what you wanted to hear but you deserve a candid answer. I wish very much that I could offer you an answer that was more favorable to your circumstances, but the law seems to be pretty clear. Had I been able to provide an Answer which might have given you a successful outcome, it would have been my pleasure to do so.

I hope you understand.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20232
Experience: Assisting employees and employers for over 14 years.
JB Umphrey and 5 other Employment Law Specialists are ready to help you
Expert:  JB Umphrey replied 1 year ago.
I see where you read my answer but not where you asked a follow up question or rated my effort to assist you with the law as it relates to your issue. The Site has been having some major systems issues recently so we are not always receiving customer replies or ratings.

If you do have a follow up for me, if you could send it again and let me know this is your second try (so I can let the Site administrators know), I would appreciate it.

Otherwise, if I have answered all of your questions, please take brief moment to rate my assistance to you so that I can receive credit for my work.

Thank you in advance.

~~ J.B.

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