Fired for Broken Leg...

by Dave
(San Antonio, TX)

I was fired from my job today because I broke my leg a month ago and couldn't work. I have provided all the doctor and medical information to them. They had no Short Term Disability (STD) or Family Medical Leave Act (FMLA) for me to use so my time off was all unpaid.

My employers gave me no due process and fired me today. Is this legal?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Fired for Broken Leg...":

Dave (San Antonio, TX):

Texas is a "Right to Work State". That means you reside in a state which permits you to join a union and have the union intercede in your employment termination. Regrettably, unless you are a member of a union and they are able to intercede to help save your job you may have little recourse.

Your facts don't mention if your employer was covered by workmans compensation. If your employer is covered by workmans compensation insurance you should have had access to compensation for your injuries.

The only other possibility is if you believe your firing was as a result of discrimination. That discrimination could be in the form of race, color, religion, gender, or sexual preference. Other than those possibilities there aren't any other ways we are aware of by which you can change their mind.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Fired After Injury Questions

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review: