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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 2157
Experience:  Practicing Attorney with 10 years experience
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Can an employer fire an employee injured, following the

Customer Question

Can an employer fire an employee for being injured, following the doctors orders, a
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

Was the injury on the job? How long have you been on FMLA leave? What is your particular injury and doctor's diagnosis?

Customer: replied 1 year ago.
It was the middle of august I started getting a tingling in my shoulder and i asked my supervisor if thats normal. He says "yeah happens to me all the time" A few weeks goes by and the tibgling turned to a redhot poker driving from my neck to the base of my armpit. I still continued to work until 10-14-2015. I informed my supervisor I cant take it anymore and would be going to the doctor. He said" I understand let me know what happens"
Customer: replied 1 year ago.
I met with the doctor and she said i have tendenitious (spelling is horrible) she places me on light duty and 50mg Tramadol. I retur
Expert:  John replied 1 year ago.

Hi, your payment for a phone call isn't clearing. You may need to contact customer service to figure out the issue.

You haven't answered whether this is a work injury - assuming it is then your remedy is to file a workers compensation claim and you also have a claim for workers compensation retaliation.

Under FMLA you have the right of up to 3 months off without pay, during which time your job is guaranteed to be returned to you; after that they can terminate you.

Customer: replied 1 year ago.
I forgot my fmla paperwork at the hospital .but the doctor faxed it to ny employer and i figured it was over two weeks later hr tells me fmla was denied after numerous attempts to get fmla they fired me
Expert:  John replied 1 year ago.

is the employer FMLA mandated - in other words - 1) do they have over 50 employees, 2) have you been there in excess of 1,250 hours. And, if they are - what was the reason for denial?

Expert:  Asad Rahman replied 1 year ago.

I'm happy to assist by phone but your payment for the phone call is not going through for some reason.