Washington Dollar Tree employee breaks ankle in accident only to allegedly get threats of firing. Then two days later, the email came: ‘Is this legal’

A former Dollar Tree employee from Spokane, Washington, recently took to the DollarTree subreddit to ask for advice after they were suddenly “terminated due to injury.” In their post, the Reddit user, ayepnf, explained their version of events: “Hey everyone i ended up crashing a lime scooter on my way home from work and broke 3 bones in my ankle and i have to be out for 6 weeks.”

It was a problem for their manager. As ayepnf told Reddit, “My manager called me the next day after it happened as im in the hospital getting ready for surgery to inform me that if im out more then 2 weeks they where gonna terminate me. And asked that i brought in a doctors note i had a family member take 1 down and the manager told them that she told me 2 weeks but its actually 4 and then like 2 days later i got a termination email before even 2 weeks went by.”

The Redditor then asked, “Is this legal and allowed? My orthapedics even told them i could go back to work in 2 weeks if they where willing to temporary change my position from truck/freight to a sit down position.” In the comments, ayepnf shared the Workday email they got about their termination. They also noted, “I havent been able to access anything since i was let go even then i couldnt access my workday without a managers help cuz they have the login on a paper there at the store.”

The two major forms of protection

Reddit was supportive and helpful, providing advice and options on what ayepnf could do. One user advised, “Use your recovery time to find a better job. This is a horrible horrible company to work for! But they should not have terminated you. The mgr could have made it work.” 

Others noted that corporate policies can be pretty harsh. One commenter noted, “You have to be there for 1 year for FMLA and out of your 90 days to even be considered worth it. Before your 90 days you can be fired for literally no reason.” It should be noted that ayepnf’s story shouldn’t be treated as verifiable fact.

According to the Department of Labor, the Family and Medical Leave Act (FMLA) provides eligible employees of covered employers with up to 12 workweeks of unpaid, job-protected leave for specific medical reasons, child care, and to care for family. This includes a serious health condition that renders an employee unable to perform the functions of their job. However, there are strict eligibility requirements. 

To qualify, an employee must have worked for a covered employer for at least 12 months. In that time, they need to have logged at least 1,250 hours of service before taking the leave. Additionally, they need to have worked at a location where the employer has at least 50 employees within 75 miles. As a result of these requirements, many newer employees or those at smaller locations often do not qualify for this protection. 

One Reddit user echoed this sentiment, stating, “Yes it’s legal lmao, you can be fired for anything in most states.” Another user offered more specific advice, saying, “File unemployment claim asap, once they review the claim and verify your medical reason, they may contact DT themselves, especially if DT denies your unemployment then you will have to have a hearing.”

The law firm Ciconte Wasserman noted that the Americans with Disabilities Act (ADA) also provides some protection. They wrote that a disability doesn’t have to be permanent to be protected. Thus, a surgery or severe injury “can count as a disability if it limits major life activities.” As such, an employer cannot fire a worker for being temporarily out of commission. 

Ciconte Wasserman noted that here is one big exception: “If your absence truly cripples the business, the employer may not be required to hold your job forever.” A Redditor echoed that, writing, “Honestly the bottom line is that they need someone ASAP to fill your position because as of this moment all of your shifts need covered for the upcoming schedule(s).” 

Both Ciconte Wasserman and some Redditors noted that this was more of a legal question. A user wrote, “This seems like a question for an employment attorney. The consult should be free. With Dollar Tree, most employees never seek legal help, they just walk away and that’s exactly what the company wants.”

However, many saw this as a failure on Dollar Tree’s part. As one Redditor vented, “Dollar tree is the worst place to ever work. They make their money on cheap labor and dirty and mostly unorganized stores this is just my opinion but they will never care about the worker and the managers.”