Legal Question in Employment Law in Ohio

i am off work due to surgery and a wound that won't heal. It is serious and am in the care of a wound nurse and surgeon My fmla just ended and my dr. wrote me a note to return to work BUT with restrictions. I was informed today that I am terminated because i cannot return to my job because of the restrictions and I am to much of a liability to the company to have me there. My boss suggested I get the dr. to write another note without restrictions and I could return?????? They said i will lose all benefits and will get no severance pkg. What can I do??? Would I qualify for unemployement? Do I have a case against them for firing me? thank you


Asked on 6/22/10, 9:50 pm

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

I am afraid that if you have exhausted your 12 weeks of FMLA, your employer is within their rights to terminate you if you can not do your job the way they want. (This answer would change if you are permanently disabled.) Further, there is no law that requires an employer to offer a severance.

As for unemployment compensation, the Ohio Department of Job and Family Services will determine whether you were fired for "just cause". If so, you would not qualify for unemployment compensation. I do not know how the ODJFS would characterize your circumstances because the statute is vague. Also, I do not know if your employer would fight your application. I am sorry I can not be more encouraging.

Read more
Answered on 6/23/10, 6:09 am


Related Questions & Answers

More Labor and Employment Law questions and answers in Ohio