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wrongful termination and discrimination

Discussion in 'Discrimination & Sexual Harassment' started by Della322, Feb 26, 2006.

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  1. Della322

    Della322 Law Topic Starter New Member

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    My newhew was terminated while on sick leave. He fell at work on a wet, slippery floor in the kitchen. Injuried back and head.
    He can not locate any Attorney that will take his case. He's tried Charleston, Huntington and Wheeling, WV. Columbus, St. Clairsville and Marietta, Ohio.
    Does anyone know of an Attorney that would discuss his situation, with him?
    He is unable to work, after a series of battles with medical problems. Hospitalized for 9 months, in a coma unable to tell Dr's his problems.
    Appreciate any advice that anyone can offer.
    THanks, so much,
    Della
     
  2. Duranie

    Duranie Moderator

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    Has he called around to an attorney that specilaized ibn workmans comp, or employment issues? If none will help him then perhaps they do not think he has a case? Firing somebody when on medical leave is not necessarily illegal.
     
  3. cbg

    cbg Super Moderator

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    Contrary to popular belief, it is not illegal to terminate someone on medical leave unless they still have protected leave available. Barring a state law to the contrary, the longest an employer is required to hold a job is 12 weeks. If he has been out for nine months, that is FAR longer than the law required his employer to hold his job and it was quite legal to terminate his employment. The law has to balance the rights of employees with the rights of employers, and the employer has the right to have someone in the job getting the work done. Firing someone who has been out of work for nine months is neither wrongful termination nor illegal discrimination, no matter how legitimate the need for addiitonal medical care.

    It may be that the reason he is having trouble finding an attorney is that he does not have a case.
     

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