Labor Law Question - Employer just fired me while on med leave?

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2010-05-20 12:35:21 +0000	The condition you refer to is disputed in the medical profession QUOTE Fibromyalgia is considered a controversial diagnosis, lacking scientific consensus as to its cause. Many members of the medical community do not consider fibromyalgia a disease because of a lack of abnormalities on physical examination and the absence of objective diagnostic tests. UNQUOTE Therefore if you accept that this is an "unofficial" condition, not widely recognized in medical circles, any employer would have the right to suspect (a) you were inventing or exaggerating your symptoms and (b) you were milking it as much as possible (extended leave). If you have been complaining of this condition for some time (it is not a once-only thing just happening now), a UK employer would let you go as medically unfit - on the basis that somebody running a business or service is entitled to expect regular attendance at work from employees and an employee who is frequently certified sick is considered not up to the job Was this answer helpful to you? Yes / No

2010-05-20 16:58:51 +0000	Were you eligible for FMLA leave? If not, there's nothing illegal about firing you even if you do have a doctor's note. If you were eligible for FMLA leave, then the rules change. If you were off for over 12 weeks in the year, they can still fire you since FMLA protection is only 12 weeks per rolling year (365 consecutive calendar days, doesn't have to be same calendar year). If you were off less than that, and had FMLA leave, they can only dismiss you if they can show you would have been dismissed even if you had NOT been off on leave. If you're medically unable to work, you aren't eligible for unemployment - those are government rules and have nothing to do with your company and whether they contest unemployment. Was this answer helpful to you? Yes / No

2010-05-20 17:13:32 +0000	firind someone based on disability is illigal in the US--and from I hear in the UK too.. going on medical leave in accordance with FMLA or allowable sick days is not excessive absences and in fact reasonable accommodations may be allowing a few extrs unapid sick days Fibro is reconized by all comeptant doctors..and in the US, people do get SSDI for it you can look into filing a FMLA complaint (were you officially on fmla--if not write a letter stating this immedicately) you can try a disability discrimination compalint--but you need to show that this was done becuase of your disability..did you request accommodations and were refused? from what you stated you have a weak case and don't depend on the EEOC to help--they ignore 91% of cases and screw up another 4.5%.. and lawyers won't take these cases on contingency since they are not profitable enough for them but don't depend on the EEOC to care if you have a short term disability insurace--you can apply for that and when you are able to work--switch to unemploymnet Was this answer helpful to you? Yes / No