I recently broke my ankle at home. I got fired from work b/c of two surgeries and time off. Is this legal?

Question

The reason they gave me was b/c of my missed time. When I asked for details, they said I had missed too much time b/c of my injury. They said I had missed a couple other days before the injury, and had made a couple mistakes in my work. But again, they said the main reason is b/c of the injury. About 1 week before my injury occured, I got a great review and was given nothing to improve upon. So to me, I got fired for being injured. Isn't this discrimination? I always let them know in advance any dr's appointments, therapy, and I've kept my time off very short, less then 1/2 a day per week. My second surgery was an emergency b/c of a spreading infection, so I wasn't able to give them any warning, but I did let every one know a few days ahead of time this was a possibility. I emailed my boss after arriving home asking for documentation for the reason(s) I was let go. Do I have an unemployment/disability case? Can I go after my work for letting me go b/c of an injury? It wasn't work related, it was in my home, but I still think this would be discrimination.

Answer 1

Well, first of all, were you within the first 90 days of employment?  Almost exclusively - in the US - the first 90 days are considered your probationary period.  

If your employer had short-term disability, then you shouldn't have been terminated.  However, most employers have the right in most "right to work" states to terminate at anytime without any given cause.  

You will probably have to call your local labor office (cause I would go and file unemployment) or possibly call Legal Aid and see if you can speak to a labor attorney.  

Good luck, honey!  Sorry about your broken leg...:(  Get well soon!!!

Answer 2

That really stinks!!!  I would call the Attorney General of your state and ask them some questions about this situation.  You might also see if the American's with Disabilities Act covers "short term" disabilities because if it does, you might be able to at least negotiate a settlement with the former employer if not get your job back.  

If you aren't getting good answers, you might want to contact your local media (radio, newspapers, TV, etc...).

Answer 3

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I think it's worth doing.