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Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102379
Experience:  Years of experience in running a medium sized law firm.
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We have a very small company in AZ. We have an employee who

Customer Question

Hi, We have a very small company in AZ. We have an employee who was injured in an off road accident this past weekend on his own time. Because of his injuries, he can not work for 2-3 months. We are extremely busy with installations/deliveries and need to replace him, but cant afford the extra expenses to keeping him on as a 6th person, if we do. We do not qualify under FMLA because we only have 5 people total. Would it be considered wrongful termination to lay him off and consider him for rehire if a position is available once he is fully recovered and released from medical care?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

If he does not qualify for FMLA, then he has no protection against termination or suspension or relocation to another position. So no, it should not qualify as wrongful termination for FMLA purposes.

However, he may still try to get unemployment, citing that he was let go through no fault of his own, if he loses the position.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!