Is this wrongfully terminated?

[outofwork69]

I was in a car accident on 2/21/07. I went to the doctor and was out of work until 3/19/07. On 3/19/07 I returned to work and was told to go back to the doctor and stay out of work and draw disability insurance until I was released from the doctor because I was a liability. He stated for me to send in a note saying I was under doctors care and I did just that. During 2/21-3/19 i kept in contact with my job(sending doctors note) Human resources told me I didnt need to call in just send in notes. My doctor had released me to go to work on 3/19 but didnt release me from his care until 4/23/07. I got a certified letter on 3/24/07 stating I was terminated for Job Abandonment.

 

[seniorjudge]

...My doctor had released me to go to work on 3/19....

Did you go to work then?

 

[Duranie]

Did you go on FMLA? If you were employed for a year or more than you should have gone on FMLA.

Otherwise it sounds like a legal firing. They do not have to keep you employeed because of your medical requirements.

 

[cbg]

I'm not 100% certain of that, Duranie. It would depend upon whether or not the condition fell under the ADA.

 

[calalily]

If you were released to work I don't understand why they told you not to return. That doesn't make sense. Did they say in what manner you were a liability and did you receive anything in writing from them stating what you posted? Have you contacted your Human resources department and do you know if they put you under FMLA? You may be able to work it out with HR if you explain to them evything you explained to us.