Employment Law

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Labor law question. HR. At will, hourly. My granddaughter
My granddaughter worked as a medical assistant for a medical group and also The Express Care Walk in Clinic associated with a hospital. She had to have surgery on her back to remove a large cyst. At first she advised that she would be out of work for 2 weeks. During the surgery it was found that the cyst was bigger than anticipated and that she would need and additional week off for a total of 3 weeks. Those weeks were approved.The stitches were from her mid back to very low back which made it difficult to sit. The stitches broke and she was bleeding profusely. Her doctor then removed all of her stitches and left the wound open to heal and drain on it's own adding 1 more week to her not being able to return to work. Altogether 4 weeks off. Her HR said that if her manager approved the last additional week requested she would keep her job. Her manager did not and she was let go. She received a letter today from HR stating that the reason she was dismissed was because she had used her FMLA for maternity reasons before the surgery. They knew that. I was under the impression that this would fall under disability not FMLA. Can you help. Lillian… read more
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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