Legal Question in Employment Law in Virginia

Employee Dismissed due to medical condition

My husband had been employed with Boscov's in Virginia for 8 months when he had a cardiac arrest and subsequent 5 way bypass surgery. His doctor has filled out all requested documentation. We were sent a letter in the mail notifying us that if he did not return to work as of 4-25-07, his position was terminated. How can they do this? I know he did not qualify for FMLA according to the prerequisite of a full year's employment, but can they get away with this? Isn't it discriminatory for them to terminate him when his doctor has him on medical leave? The doctor will not release him to go back to work until 6-18-07 and we will have to take cobra insurance. We can't afford that with him out of work? What can we do?


Asked on 5/04/07, 9:43 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Employee Dismissed due to medical condition

Not much, I'm afraid. In an employment at will jurisdiction such as the Commonwealth of Virginia,(where employers have many rights and employees far fewer), employers are permitted to do what you've described with impunity.

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Answered on 5/05/07, 2:00 pm


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