Legal Question in Employment Law in Ohio

i recently had elbow surgery my boss knew about it for a couple months before i had it when i got my date to have it i told him when it was and he said with us being busy he couldnt wait a week or 2 for me to recover and was going to need to hire someone the day after my surgery he sent me a letter telling me i was fired but before my surgery my dr took me off work and when i took my dr note to my boss he said i dont care what it says either u work or your fired im the second person he has done this to and i dont feel its right a guy from my work stopped by my house yesterday and told me what his reason on letting me go way my bosses cousins job wasnt working out where he was at and was looking for something else so my boss figured since i was out for medical he would hire his cousin so he wouldnt have to worry about getting fired from his job can he do this to me my email is [email protected]


Asked on 8/10/10, 9:11 am

1 Answer from Attorneys
Neil Rubin Neil S. Rubin, Attorney at Law, LLC

The questions to answer are:

1) Are you eligible for the Family Medical Leave Act?

2) If so, did you file for it?

If not, there is little you can do to stop your boss from terminating you for not coming to work. Doctor's excuses do not protect you. Now, if he is disciminating against you because of your race, gender, religion, disability (permanent), national origin or age, that is another matter, but it just looks from the story you tell is that he wanted to hire his cousin. Your boss does not need ANY reason to fire you.

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Answered on 8/19/10, 5:33 pm


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