I'm being threatened with termination for not returning to work although my dr has me out with a note - Pennsylvania
I was in a car accident 12 days ago. I am being threatened that if I don't come back I will be put to part time, so I came back for a day and it was too much and now they are saying if i don't come in i will be fired, Mind you- I AM out on a drs note until he releases me. Can they fire me legally???
First I need to ask you if your employer is required to adhere to the Family Medical Leave Act. Does your employer have at least 50 employees within 75 miles of the worksite and have you worked for this employer at least 12 months? If so, they are a covered employer and you need to read this page at the DOL
FML can protect your job for up to twelve weeks and if an employer fires you while on FML it opens up the possibility of other action by you .. let alone unemployment benefits when you become able and available again.
Otherwise, if they aren't a covered employer under this act and they fire you for not coming back to work .. even though you have not been released by your physician to do so .. you will be able to collect unemployment when you become able and available for work.
I might add, I think the employer is violating some sort of law by requiring you to get back to work without a doctor's release. At the very least this opens them up to some type of liability.
If a doctor's note doesn't prohibit you from work, but only restrict your activity you would then also be eligible to receive unemployment if the employer cannot accommodate the restrictions. Of course a medical restriction does not give you a pass from work if the employer can accommodate.
Since your situation sounds a bit like there might be some harassment going on, I suggest you check out this website which focuses on workplace harassment.
It has a fairly active forum also.