Legal Question in Disability Law in Massachusetts
wrongful termination
I wanted to know generally if it is legal to fire an employee who is out on disbility for a stroke after 1 year, this person has been an employee for 45 years. They receive other state disability benefits and are incapable of going back to work right now? thank you
Asked on 11/15/04, 1:34 pm
1 Answer from Attorneys
William McLeod
McLeod Law Offices, PC
Re: wrongful termination
There's nothing illegal about the firing unless it's in breach of a contract. Assuming that the employee and the employer are FMLA eligible, the employee's job need only be kept open for 12 weeks.
Answered on 11/17/04, 3:13 pm
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