Legal Question in Employment Law in Alabama
Wife under doctors care may get fired
If my wife's employer is not covered by FMLA do they have the right to fire her while she is under a doctor's care who will not release her to work for another two weeks?
1 Answer from Attorneys
Re: Wife under doctors care may get fired
If they are not under FMLA, then the issue certainly becomes more complicated. However that simply isn't the end of the issue. If your wife is pregnant and that is the reason she's being terminated and others who need time off for medical care are given it, then there is a sex discrimination problem. If they are assuming that your wife is disabled then there may be a Disabilities Discrimination problem.
However, ADA and pregnancy act cases are substantially harder than FMLA. Courts throw out about 2/3 of all of these types of employment cases. I'd be concerned with the size of this employer being able to pay a significant judgment.
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