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Roger
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Category: Legal
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I work in a doctors office for the past 20 years. The doctors

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I work in a doctors office for the past 20 years. The doctor's office employs about 10 -15 people. I was recently diagnosed with some major medical condition. I have been taking time off due to hospitalization, procedures and testing. But when I am at work, I have been very productive. Today my employer gave me letter stating that they will be ending my employment as of 03/31/11 due to me taking too much sick days. Do I have any recourse? Is it legal for my employer to termimate me due to medical illness? I really enjoy my job and willl ne deep finaical crisis if I lose this job.
Submitted: 5 years ago.
Category: Legal
Expert:  Roger replied 5 years ago.

Hi - my name is XXXXX XXXXX I'm a litigation attorney here to assist you.

 

Unfortunately, you're not covered by the Family Medical Leave Act because it only pertains to employers with 50 or more employees. If you were covered, you would be entitled to 12 weeks of time off without the fear of losing your job.

 

In any event, you can't be terminated because of your disability. However, if you are not able to work because of your illness, the employer has the right to find a replacement for you.

 

This is a fine line the employer must walk because they can't claim you're being terminated because of your illness/disability, but they can legally terminate you for not being able to work as required by the employer.

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