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Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 23329
Experience:  14 years practicing attorney
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I am on medical leave from work. I received a phone call from

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I am on medical leave from work. I received a phone call from my HR Manager saying that my behavior while on leave has been wildly inappropriate and there has been chatter around the store of people wondering if I can be out and about then why can't I be working? I found this phone call wildly inappropriate and I do not think it is anyone's business except mine and my doctors. I asked of examples of these supposed instances and got nothing. I know that I cannot be fired while on medical leave, but when I am back can I be fired for supposed rumors? I found that phone call very threatening. Since that phone call, I feel like I am being attacked. My office always has the same amount of people working in the office. I noticed on our online roster there is an extra employee. I know that there is a new hire that my manager is very fond of, and I feel like they are doing whatever they can do get rid of me.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Barrister replied 11 months ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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I found this phone call wildly inappropriate and I do not think it is anyone's business except mine and my doctors.
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I would agree that if you are out on a documented an approved medical leave, then it is no one's business what activities you are engaging in while you are off work.
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I know that I cannot be fired while on medical leave, but when I am back can I be fired for supposed rumors?
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From a purely legal perspective, if you are not under any type of written employment contract, then under WA law, you would be considered an "at will" employee. What this means is that an employee can quit or an employer can fire or change the terms of employment (change hours, location, duties, pay, etc.) at any time for any or no reason at all.
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So to be honest, if you aren't under contract, they can terminate you for any or no reason at all once you return.
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I am sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer.

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Thanks
Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 23329
Experience: 14 years practicing attorney
Barrister and 12 other Employment Law Specialists are ready to help you

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