Anyone in law? Need a little advice..

Discussion in 'Community Discussion' started by Music_Producer, Sep 6, 2006.

  1. Music_Producer macrumors 68000

    Sep 25, 2004
    Have a situation regarding my father in law regarding termination due to disability.

    He has diabetes and was admitted to the hospital for amputation of his toes due to vascular complications. He has a doctor's note stating that he should rest from May 25-June 25, 2006. However, he extended the leave to October 1, 2006. So my father in law is still covered under the disability thing.

    His employer fired him a week ago stating that according to some law, he can be granted leave for only 12 weeks. Since his condition has not improved yet, they have to let him go.

    My question is, do you think he is eligible to file a wrongful termination suit? Or is the employer acting properly by firing him because of not being able to work beyond the 12 week leave period?

    I will be contacting a lawyer anyway, but it would be great if some of you who are familiar with this.. can give some advice. Thanks!
  2. Doctor Q Administrator

    Doctor Q

    Staff Member

    Sep 19, 2002
    Los Angeles
    Where is he located? State laws may be involved.
  3. Music_Producer thread starter macrumors 68000

    Sep 25, 2004
    In California, Doctor Q Edit - San Bernardino County
  4. GoCubsGo macrumors Nehalem


    Feb 19, 2005
    There are case specifics you need to discuss with a lawyer, but I am fairly certain that if he was out 12 weeks he should be able to come back to a job, but they only have to keep him about a week, find something wrong that he did and then fire him (at-will employment). However, long-term disability would grant him a job at the same or near the same pay but will not secure his position.
    Contact a real lawyer, I am only citing what I know from experience.

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