Woman Claims She Was Fired Because She Didn't Recover Fast From Surgery


UPDATED: Friday September 30, 2011 12:53 PM

A woman spoke out on Thursday after her boss fired her for not recovering quickly enough from surgery.

Martina Miranda was a medical assistant for a family practice doctor before she was fired, 10TV's Kurt Ludlow reported.

She said her boss asked her to do something unusual while she recovered from surgery.

"He said, 'I need you to sign a paper,'" said Miranda, "I said, 'Sign a paper, for what? You have my work excuse.'"

Miranda said her boss told her the paper was a resignation.  He told her he needed her to quit because he could not pay unemployment, Ludlow reported.

Miranda said that when she refused to sign the paper, her boss hung up on her.

Camille H├ębert, who teaches employment law at The Ohio State University, said employers have a lot of freedom in Ohio.

"Generally the rule in Ohio, as in most places, is what's called employment at will." said Hebert, "You can fire an employee anytime, for any reason."

There are exceptions, employers are not allowed to fire you based on:

  • Age
  • Race
  • Sex
  • Religion
  • National origin
  • Disability or
  • Pregnancy
  • For refusing to break a law
  • In retaliation for filing discrimination or safety claim
  • For taking leave under the Family and Medical Leave Act
  • Without following its own stated procedure or policy
  • For reasons not contained in your employment contract.


Miranda said she was convinced what happened to her was illegal.

"I don't know what I can do about It." said Miranda. "I mean I guess I just have to move on and try to find a new job.  I have to take care of my children somehow."

Miranda said she plans to file for unemployment benefits which she would not have legally qualified for, had she signed the paper.

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