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Is this illegal in Ohio?

my girlfriend was working at this place, and got fired today because she had to go to the ER twice in 2 months for a medical problem.. they even told her on the phone thats why... this seems like its illegal....

10 Answers

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  • 10 years ago
    Favorite Answer

    The reason, "medical problem", is too vague to offer any real advice here. If she has a "disability" under the federal or state ADA equivalent laws, then she cannot be fired before they go through the necessary steps to provide "reasonable accommodation" of her disability, unless the employer is exempt.

    Also, as already mentioned, if the "medical problem" is a "serious medical condition", and the employer is within the jurisdiction of FMLA, then she may have up to TWELVE WEEKS of job-protected unpaid leave. This assumes she has worked at least 1,250 hours for the employer over the last 12 months and that the employer has 50 or more employees for 20 or more weeks out of the year, among other things.

  • Anonymous
    5 years ago

    The age of consent in Ohio is 16. As such, a 16 year old and a 24 year old can maintain a sexual relationship legally. The Ohio law can be found here.

  • ?
    Lv 5
    10 years ago

    The answer to this question is VERY important:

    How many employees does this business have? Is it at least 50 in a 75 mile radius?

    If yes, then they have to comply with FMLA. If she have not missed more than a total of 12 weeks in the past year due to the problem then the potential exists that they are committing and FMLA violation and trumped up a reason.

    If the employer has to comply with FMLA then you can file a complaint with the DOL on a potential FMLA violation. The reason is if the employer knows that FMLA might apply by law they must apply it.

    She would certainly be able to collect employment insurance if this is the case... even if under the employee limit stated.

  • 10 years ago

    from what i have heard, that is it has to be serious.

    also they probably want proof you were there and that the medical problem pertained to her or a child. also it would have to be a legitimate medical issue, for example if i went to the ER because my crohn's disease gives me abdominal pain they would likely question my strength.

    It does suck, especially in ohio. finding a job is killer.

    though unless she had a grand mal seizure, respiratory or cardiac failure, i'm sure they wouldn't excuse it.

    Source(s): fairly common knowledge
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  • 10 years ago

    Employment in all states except Montana is at will. That means you can quit at any time with or without notice and for any reason or no reason at all. It also means they can terminate you for no reason or any reason that does not violate EEOC guidelines.

    So, it is legal

  • Teekno
    Lv 7
    10 years ago

    If she has a medical condition that impacts her work, there's no reason her employer should keep her on the payroll.

  • 10 years ago

    i didn't look it up, but im guessing that a business has all rights to fire an employee no matter what the reason... even if they just wanted to fire someone for no reason whatsoever they probably could...

  • 10 years ago

    Sure. She can be fired for any reason. Even if the reason was because she was wearing red socks they can still fire her.

  • 10 years ago

    it is not illegal---if your girlfriend is not able to perform her job and then leaves, causing an unexcused absence--then yes--they have every reason to fire here. when she is not there, it causes a hardship for the company.

  • 10 years ago

    have her go get unemployment

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