Legal Question in Medical Leave in Texas
termination due to surgery
I have worked for this company 8 months (Tx) and just found out that I need back surgery and will be off work for 1 month. Today(day before surgery) I was advised that they were letting me go because they can't afford to pay a temp while I am gone. This is unpaid leave... Do I have recourse?
1 Answer from Attorneys
Re: termination due to surgery
Under federal law, the answer is most likely no. A temporary condition is not covered under the Americans with Disabilities Act and you have not been employed long enough for the FMLA to apply to you. Unless there is some other discrimination at work (ie., racial, gender, age, etc.), then you most likely have no protections under the federal laws.
However, you may have some protection under state law. To determine this, you need to contact an experienced labor and employment attorney in your state.
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