My boss told me I will be fired as soon as I get back to work from my FMLA.?

I have previous issues with attendance at my job.

Anyway, I was in a serious motorcycle accident a week and a half ago, and am in serious pain. I'm seeing my doctor and have been getting notes that I can't work. I have kept regular contact with my employer and my situation. On my last talk, my HR manager told me to come in for paperwork for my doctor to fill out for FMLA.

I came in, got all the paperwork, and the plant manager said he wanted to talk to me in his office.

I came in there, and he flat out said when you return back to work, you will be fired. I asked him how could he fire me under the circumstances that I'm going through and he said look up the term "at-will" employment. That was the end of the discussion.

Now, when I come back to work, can he fire me or what do I do from here? This was a one on one conversation and it sounded like a threat. Should I contact a lawyer?

Contact a lawyer, and don't have any further conversations with your "boss" until then. If so, do it by email so that you have it logged.

Start a log of events. Write down as many dates and events as possible, including what he said to you. It could be used in your defense.

Your boss cannot use previous attendance issues against you. If it warranted being fired, he should've done so then. Doing so now as a response to a legitimate circumstance is completely unfair and illegal depending on where you're located. You have documentation to support that.

Good luck!

If you didn't sign any sort of contract, or the contract said you are an "at will" employee or you are still on your probationary term, they can fire you for no reason. If you can prove it is because of your leave due to the accident, you may have cause for legal retaliation, but even then chances are slim.

I suggest you start lookin for a new job for when you are cleared to go back to work, cuz by the sounds of it you will be needing it.

Since you are an at will employee, you can be fired at any time for almost any reason.

While you can not be fired for using FMLA, his justification to show it is not retaliation is simple and stated at the beginning of your question "I have previous issues with attendance at my job." All he has to do is say he was planning on firing you before you left on FMLA.

Talk to a lawyer. Find one who will see you for a free consultation. Most lawyers will give you 30-60 mins. free so they can tell whether or not they can make money helping you with your case. Although each state has its own labor laws, the labor boards don't "enforce" the laws. Just talk to a lawyer to find out what to do next.

if you are an at will employee the boss can fire you at any time for any reason. the only reason your not fired right now is FMLA. as long as the employer doesnt fire you before you are cleared to go back to work they are doing nothing wrong

go ahead and let your boss fire you under these conditions.
You will have a MAJOR lawsuit to win. Make sure you get all of the medical reports submitted to HR and KEEP COPIES OF EVERYTHING.

Yes, contact a lawyer.

Your boss cannot "retaliate" and fire you for exercising your rights under the law.

labor laws on your side. Retain a lawyer now and explain the situation.

Contact a lawyer. They will tell you what to do.

You are still getting your leave and presumably being paid. As for when you go back, you are at will so bring a box to clean out your desk. If you can prove the firing was directly in retaliation to the fact that you took leave then you may have a case, but if you have a poor work record you likely would have a problem proving that the firing wasn't based on your slacker past. Additionally, your employer is under no obligation to feel sorry for "all you are going through," what country do you think this is?