Q: What grounds does an employer have to force you to quit while on medical leave
I was fired well forced to quit while on medical leave and told to get a COVID test before returning this is after i had my hours cut due to making a report of sexual harrassment
A: More information is needed to analyze your situation. Was your medical leave COVID-related? Does your employer have less than 500 employees? Did the forced resignation occur prior to December 31, 2020? If the answer to these questions is yes, then you may be entitled to protection under the Families First Coronavirus Response Act. Depending on the reason for your medical leave, you may also be entitled to the protection of the Americans with Disabilities Act and/or the Family Medical Leave Act, in addition to state laws. If your employer took an adverse action (i.e., forced you to resign) because you made a report of sexual harassment, you may have a retaliation claim under Title VII of the Civil Rights Act and state law as well. You should contact an employment law attorney in your area to discuss your situation in more detail.
A: More details are needed about the specifics and the timing, but it sounds suspicious that you were fired after reporting sexual harassment. While it is legal in most states to fire someone without cause, it’s not legal to retaliate against an employee or whistleblower who reports wrongdoing by another employee. Contact an employment attorney to discuss the details of your case.
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