Legal Question in Medical Leave in Texas

Medical Leave

Upon my return yesterday, I had a meeting w/ my boss he told me to look for other work because my quality of work has sufered because of major knee surgery in Jan. and ankle surgery in Nov. He stated he knows I have been in majore pain and therefore knows that my work quality has dropped because of this pain. I have been w/ the co. for several yrs. and this is the first time thishas ever been an issue. I was sent home even though my Dr. said ''light Duty'' He said he would have to think about if I would even be able to return at all. Can they release me while I am in Dr. care? What are my Rights?


Asked on 12/11/07, 3:02 pm

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

Re: Medical Leave

You need to sit down with an attorney to discuss your situation. It may be that you qualify as a disabled person under the federal Americans with Disabilities Act, which would provide some protection. It also may be that this termination is really retaliatory for your having taken some FMLA time. Your state may also have some particular laws which would provide you with relief from the termination action.

From your posting, it is impossible to give a more definitive answer to your inquiry. If you cannot find an attorney in your area to help with this, you may want to check out www.nela.org.

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Answered on 12/11/07, 3:54 pm


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