Legal Question in Employment Law in Georgia
I injured my arm while not at work and advised my employer that the doctor stated I would not be able to return to work until I had been evaluated for a cask for it. I was called by my supervisor and told that I needed to report to work that they would allow me to work in another capacity. After reporting to work and working for approximately 2 hours, I was then told to report to the office and required to sign some paperwork, which turned out to be a notice of separation stating I resigned w/o notice. I was told that whenever I am released from the doctor that I may return to work and reapply for the job position I previously held. I had sick leave and vacation still on the books and am not sure if I had short-term disability. They also advised this was done to protect the company in case I re-injured myself that they would not be liable. Is this illegal?
2 Answers from Attorneys
It's not necessarily illegal, but not smart by the company either. If you were injured on the job and the company is not offering your workers comp, you may have the right to sue the company for the cost of your doctor's bills, missed work, pain and suffering, etc. You should consult with a Georgia employment/labor attorney immediately. Bring a copy of the document you signed with you so he/she can review it and let you know what your options are. And don't sign anything else until you have your lawyer review it!!!!
Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.******
If the employer is covered under the Family and Medical Leave Act (FMLA)-generally, it must have 50 or more employees at your worksite or within a 75-mile radius-and you qualified for FMLA benefits (i.e., worked for at least one year and put in at least 1250 hours), your injury may qualify as a serious health condition, which would entitle you to take up to 12 weeks of job-protected FMLA leave. I would strongly recommend that you consult with an attorney, such as myself, who is experienced at handling FMLA cases in Georgia. If you are interested, you may contact me using my profile information below,
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