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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 11650
Experience:  JD, MBA
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I am legally permanent partially disabled thru the state of

Customer Question

I am legally permanent partially disabled thru the state of Ohio and now work in a factory for 9 . I had a brain tumor and 3 surgeries got the tumor but I have other problems do to the fact the tumor crushed my pituitary gland. I used all my FMLA in oct nov dec jan due to heart issues and my teeth cracking do to the tumor. I have recently had problems with my knee and am getting treated for a bone on bone knee problem. I also get sick do to the fact the tumor broke thru my sinus at the time and I get sinus infections. I have missed another 14 days in the last 5 months 2 days at a time and got 2 warnings and today got a 3 day suspension. My next sick day will get me fired. Is there anything I can do if I get real sick or have heart pain again and miss work?
Submitted: 4 months ago.
Category: Employment Law
Expert:  TJ, Esq. replied 4 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

I am truly sorry to say that if you have used all of your FMLA leave, then you would have no recourse if you are fired for missing any more work, even if the reason is due to a health emergency. The FMLA is the law that provides you with recourse in this type of situation. So, when that law no longer applies because you have used all of that leave for the year, then there is nothing else to fall back on from a legal standpoint.

Of course, you may want to remind your employer that if you are fired for taking sick leave due to a medical emergency, then that could be a public relations disaster. In other words, you could let the local media know that your company fired you due to you being forced to miss work while having a medical emergency. That wouldn't make the employer look good in the local community.

So, while you would not have legal recourse against your employer, you may have other ways of pressuring the employer to do the right thing.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Expert:  TJ, Esq. replied 4 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating (and note that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

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