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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18788
Experience:  Employment/Labor Law Litigation
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is it legal if a employer terminates a employee that is under

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is it legal if a employer terminates a employee that is under a doctors care for a automobile accident

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.


1. How many employees does the employer have?


2. How long has the employee worked with the employer?


3. How long has the employee been absent?


4. What was the reason given for the termination?

Customer: replied 3 years ago.

1. Not sure Walmart is the employer

2. over 8 years


3. 5 days in one year no more than one day a week.


4. absenteism , not filling orders and claims on time

Ok. You mention absences over a long period of time, it seems.


However, your question seems to be focused just on being absent due to the medical care issue.


First, were you told about or offered the use of Family Medial Leave for your time off due to the injury resulting from the car accident? How serious are your injuries?


Second, do you have a number of absences that are unrelated to the medical issue, which form the basis for your termination?

I'm not sure why you left without answering my questions. I asked them because they are legally significant. They are the same questions I'd have to ask you in person in order to fully answer your questions.


I'll have to try and answer your question, vaguely, without the additional information.


It is not illegal to terminate someone while they are under the care of a physician. Not automatically. A good example here would be if you were under the care of a physician and called your boss, and cussed him/her out while under the care of a physician. The fact that you were under medical care wouldn't save your job.


So, what matters is what the basis for the termination actually is. Here, it is absences. Now, medical absences covered by the Family Medical Leave Act can't be counted as absences against you. If you were suffering from a serious health condition and those absences that you had related to that serious health condition, none of those medical absences (up to 12 weeks in one year) can count against you.


However, if you were eligible for termination even if they didn't count the FMLA days as absences, then you can still be terminated.


As you can see, these issues are very fact dependent. You aren't automatically protected just because you were under medical care. We have to understand exactly how many absences were attributable to that care and whether or not you were terminated based on absences that should have been covered by the FMLA....which is why I asked my questions.


Now, I recognize my answer is very generalized but that is because I lack the information that I requested. If, after reading this answer, you have additional questions, please use REPLY and ask them.

Allen M., Esq. and 4 other Employment Law Specialists are ready to help you

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