Legal Question in Medical Leave in Missouri

Hi. I am a Missouri attorney that focuses my practice primarily on injury cases and workers' compensation claims, and I also handle employment issues.

There are situations where an employer can terminate you while on FMLA. These cases are highly fact-sensitive. One issue that is quite relevant is whether you have any on-going problems or physical restrictions that will interfere with your ability to perform the necessary activites of your job. A few additional details would be needed. For example, are your back issues the result of an injury that occurred while working? Do you have a pending workers' compensation claim? An employer may not terminate someone solely as a result of filing a workers' compensation claim. This is known as retaliatory discharge. If your injury was not a result of a work accident, was there a specific accident that caused it, outside of work? Also, are you expected to have any on-going issues or restrictions? These issues are all relevant to determine your employer's right to terminate you.

For your convenience, I can be reached via e-mail at [email protected]. Thank you.

NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.