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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118127
Experience:  20+ Years of Employment Law Experience
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Can I be fired while I am out sick having cancer surgery. I

Resolved Question:

Can I be fired while I am out sick having cancer surgery. I have been working part time, hourly paid, for 5 years at a non profit. First my job was advertised, then changed to full time with another job added to it. I applied for this job but did not even get an interview. This person starts work on December 1st. I emailed and said I was able to return on December 1st. I have been called in on November 30th, I think to be fired. Do I have a case against them in the state of Georgia.
Submitted: 7 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 7 years ago.
Unless your employer has 50+ employees and you have worked there at least 1250 hours in the last 12 consecutive months, you do not have any protection under the Family and Medical Leave Act and you can be fired if you are unable to go to work.

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Customer: replied 7 years ago.
I have not yet been fired. I emailed that I could return to work on December 1st and have been summoned to the EO's office on November 30th. So I am able to work, always said I would be able to work and they gave my job to someone else. Is there really no recourse.
Expert:  Law Educator, Esq. replied 7 years ago.
They can terminate someone, absent any contract to the contrary, for not being able to come to work and your only recourse is if the employer has an appeals process. If you can prove they are terminating you based upon your disability and not because of your inability to come to work (it is splitting hairs but there is a difference) then you have the possibility of a complaint to the EEOC for discrimination under the Americans with Disabilities Act and they would have to investigate before you could go to court on that.

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