Q: Possible wrongful termination question. Terminated while on leave with Doctor’s note.
I was removed short term from work August 2019 due to surgery. After surgery I had complications still and the dr felt I needed to be seen by another surgeon of his choice for a second opinion. The surgeon filled the required paperwork out and sent it to my short term disability company. They denied the case stating it was not a valid reason to not return to work and ultimately since he could not give a specific diagnosis for the on going issues I was having, a specific plan of action and return to work date they terminated my position I was curious if this would be a wrongful termination case
A: More information is needed to determine if you should have been eligible for job protection under the Family Medical Leave Act or eligible for an accommodation in the form of continued medical leave under the Americans with Disabilities Act. You should contact an employment attorney to discuss your situation in further detail.
A: Possibly. More facts are necessary to make a determination about a wrongful termination claim. Contact an employment lawyer and consult him or her to see if a claim may be made.
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