Mrs. T asked:
An employee was injured on his own personal time (at home) and was unable to work for nearly 4 months. (Broken Leg) Is it against the law, not to rehire him after he is released by his doctor to return to work? His job is a laborer.
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An employee was injured on his own personal time (at home) and was unable to work for nearly 4 months. (Broken Leg) Is it against the law, not to rehire him after he is released by his doctor to return to work? His job is a laborer.
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Unless there is a union or contract protection, pretty much every state has at will employment; They needed an employee, he wasn’t available, they replaced him. They rehire at their discression.
If the employee was on FMLA it would be illegal not to, but FMLA would have run out after 12 weeks anyway, so unless your state has more protective laws, it is likely not illegal.
If the employee was injured at home, and not a contract employee, it is not illegal to terminate him, if he cannot return to his regular duties.
If he can return to his regular duties, it is still not illegal, but he may file a baseless ADA suit.
I recommend you speak with local labor law attorney…
He is on his own.
You dont have to rehire them , and have every right not to, their injury,which resulted in time lost from work and them not being avaialble,wasnt work related,so the employer has no reasonable expectation to rehire the employee.especially if there isnt a open position available for him. the worker isnt entitled to FMLA protection usually for a accident to himself,unless his employers HR saw fit to let him have the time off.