Answered on Aug 11th, 2011 at 7:29 AM
When you can fire someone after an injury can be complicated. If an employee has worked at a company for more than a year, the Family Medical leave act provides that you get up to 12 weeks leave for a serious illness. A serious illness is an illness that requires you to be out more than 3 days or requires ongoing treatment by a physician. Thus, if you have been there a year, and the injury fits the definition of serious illness, you cannot be fired for being out. You can be fired for violating safety rules or any other reason, but not for being out sick. If you have been there less than a year, they can fire you for being out even if you are under a doctor's care. As for hiring a lawyer, you can. However, your damages in a suit, if you have one, are lost wages, which is what you would have earned had you not been fired minus any earnings at a new job. If he is making the same or more than he made at his old job, he has no damages to sue for.