Legal Question in Employment Law in Virginia

I worked for a company in 2009 and resigned my position in March 2010 due to lack of work. I broke my leg in June 2010 - and contacted my former employer to see if I could come back to work as my doctor released me for work. The company rehired me and I went back too work on Monday September 27th and spoke to Human Resources on Thursday September 30th in regards to my having pain and at that time the Human Resource Director told me that if I needed to leave early or anything to let the supervisors know. I had a increased amount of swelling and pain on Sunday Oct. 3rd and called off work and spoke to a supervisor. Monday October 4th the HR Assistant called me to see why I did not call into work if I was not going to be there - I told her I did, what time and whom I spoke too. At that point, I told the Assistant that I was waiting on a return call from my Orthopedic Surgeon because of my increased pain and swelling - I called off work that day and also sent a email message as well. Tuesday the HR Assistant called me to tell me that they received the note from the Orthopedic Surgeon that he was keeping me off work til October 13th which was my next appointment - and that "at this time they have to dismiss me from my position because that is too many days off work - that I was only RELEASED to return too work but am in no way COMPLETELY HEALED".

So my question is - can a employer hire a employee knowing that a employee is still under a doctors care and then fire them when they are pulled out of work on a doctors note?

I do understand that Virginia is a "Right To Work State" and that a employer needs no reason to fire a employee. But Is this treatment that I was given allowed?


Asked on 10/06/10, 7:51 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Yes, unfortunately, it is (in my opinion)unless you were working pursuant to

the protection of a contract which says otherwise.

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Answered on 10/12/10, 5:15 am


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