Visitor Question

Fired for Broken Leg…

Submitted 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?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Dave,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: November 16, 2011

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