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Can an employer fire you for not returning to work while on a disabilty?
Wiki User
∙ 2011-09-12 14:56:47
it depends what was in your origanal contract if there where a certain amount of days that you where allowed and you exceeded them than yes but if not than he has to provide you with a reason why he fired you
AnswerYes. If I have a stroke tomorrow and can never work again, at some point my employer is going to let me go, unless I quit. If you have a serious illness you can document, you are entitled to 12 weeks of Family Medical Leave (in a 12-month period.) When you return, the employer has to provide you with a job, but not necessairly the same job. It can be in a different location, at a different pay rate, with different duties. The only exception would be if you were temporarily disabled due to a work-related injury. AnswerYou probably mean "... not returning while the DOCTOR says I'm unable to work". Your employer cannot require you to work contrary to medical advice.Your employer CAN fire you if you are unable to perform even one of the key duties of your job ... unless you have FMLA protection as detailed above. Then you can be fired the day your FMLA runs out. Remember, the employer OWNS the position, no matter how long you've worked in it. The employer can take the position back and give it to someone else at whim, unless limited by a statute or union contract.
Wiki User
∙ 2011-09-12 14:56:47
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How long after returning back to work does an employer have to wait until he can fire you?
He doesn't have to wait. He can fire you anytime. Returning from what? Above is true, except for returns from military leave. USERRA requires that employer not dismiss you for 12 months after return from mil leave.
Can my employer fire me while I am on vacation?
An employer should not be able to fire a person on vacation if they gave notice and their vacation was approved. However, if the vacation was not approved, the employer may be able to fire the person.
Can you sue your employer for not giving you your job back after returning from disabilty leave?
That depends on what "disability leave" you took. If the employer granted you FMLA leave, then you must be restored to your old job (or a job EXACTLY like it) even if the employer must fire some one to create the vacancy. If you were just off sick or injured, you have no right to your job back, unless found in a union contract. Employers own the jobs and hand them out as they wish - the job is not "yours", but theirs.
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