Legal Question in Employment Law in Kansas

Can I be fired?

I work in a hospital and had a couple of medical problems in the past few months that caused--name removed--to miss some work. They warned--name removed--about a month and a half ago and had--name removed--sign a paper saying that if I missed any more work I would be asked to leave. Well, last week I fell (passed out) while at work and hit--name removed--head (concussion) and am having some neck spasms. I was treated at that hospital that night, but two nights later had to visit the ER again. --name removed--? - can they fire--name removed--for missing work for an injury I received at work?


Asked on 12/15/03, 2:49 pm

1 Answer from Attorneys
Michael Shultz Law Firm of Michael M. Shultz, P.A.

Re: Can I be fired?

A number of laws prevent an employee from being fired for absences due to illness, especially if the employee has a disability under the Americans With Disabilities Act. In addition, the Family Medical Leave Act may provide an employee with protection. Finally, where the injury is work-related, and the employee is terminated, Kansas provides a remedy if the termination was in response to the filing of a workers' comp claim or the expectation that an employee will file a workers comp claim. Any person with an actual legal problem needs to consult a competent employee attorney so that the facts can be thoroughly understood. You can check with attorneys on this list and the Kansas Lawyers Referral Service if you do not know how to contact an attorney. I would be happy to talk with you at no charge to investigate the issues you raise. Michael M. Shultz (866-385-6244 toll free) shultzemploymentlaw.com

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Answered on 12/15/03, 3:03 pm


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