Should I sue my employer for sacking me when I was signed off by my doctor

Question

I worked for an estate agent for about 8 months, (yep they are complete wankers) for the past three months I was in terrible pain with what I thought was a slipped disc but it could be a twisted pelvis, am having an mri scan tomorrow so will know when I get the results..

anyway, Iafter 2 months of pain (having gone to work every day) I went back to my doctor who signed me off for 2 weeks. My boss was not happy about it but what could he do? he kept phoning me throughout the first week to get me to go back to work.

I went back after the 2 weeks for about 2 weeks and kept going physio till the physiopherapist said my condition had got alot worse(probably through misdiagnosis) . I went back to my employer and told him how serious it was and that Ive been signed off again. He told me it wasnt working for him and to drop off the car immediately, in effect sacking me. I now have no job, rent and bills to pay and have the prospect of surgery which will put me out of action for about 3 months according to my doctor. both my doctor and my osteopath say i should definately take them to court, do you think this is a good idea? what bad can come from it? thanks

Answer 1

Well if you were here in Canada I would suggest you go to the employment standards commission and get them to file a complaint for you.  Our laws say that you cannot fire someone for illness, pregnancy  etc.

So if you are in the States, check the employment laws yourself and file a complaint yourself against the employer or phone a legal aide clinic and ask for their advice.  Be sure to tell them it is a  back problem you have and you cannot get around, as sometimes they will not give advice over the phone.

Take care of yourself.

Answer 2

It sounds like you need to be on disability, you are unable to work.

The only bad that come out if the lawsuit is the money it will cost you, the lawyer is going to want a decent retainer fee.