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?

Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information you provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when making decisions about your case. You should always get a formal case review from a licensed attorney.

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.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.


Best of luck,

Law Guy