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I called in sick and had a doctors note. I have been there longer than any body and they all turned on me,they are all prejudice. Should I take this to court?

2006-06-29 08:18:52 · 39 answers · asked by dede2772 4 in Business & Finance Careers & Employment

39 answers

It depends on where you live. If you are in Florida, forget it. They are ONLY for the employer unless it is related to prejudice or something. I had cancer and was fired for "missing too much work" as I couldn't have all the surgeries, radiation, etc. done at my desk. Sorry for your luck. It sucks.

2006-06-29 08:21:06 · answer #1 · answered by Anonymous · 0 0

Let me ask you who "they" are? Seems like "they" will get you in trouble every time. How are "they"prejudice?

Let me ask you these questions:

1) Have you missed work WITHOUT a doctor's note? Usually it is not required to secure a note unless you are off 2-3 days. Have you missed work and not called in?

2) Have you been late?

3) Have you taken longer on breaks and lunch time than allotted?

4) Have you been warned verbally or written up before?

5) Have you experienced any trouble with other employees or supervisors?

6) This has nothing to do with seniority, has your performance been what is expected and should be?

7) Have you been caught taking too many smoke breaks or been some where you are not supposed to be?

I am asking you all these questions because it is difficult for me to
believe you have been a model employee and "they" fired you for
the hell of it. WHY would "they" fire someone that was doing their
job? As far as taking this to court, I doubt you would get any where with it. It sounds like your only hope at this time is that "they" don't fight paying you unemployment.

2006-06-29 08:35:06 · answer #2 · answered by Anonymous · 1 0

Depends on what you got fired for. Have you been absent lately? How has your current attendence record been? How has the quality of your work been? Have you had a confrontation with anyone at the work place lately that may have caused enough friction with everyone? You say you have been there the longest... would there be any reason you may have over stepped some boundries in telling people what to do and maybe upset an entire office since you have been there the longest?
There are too many un-answered questions to truly give a correct answer--- Sorry

2006-06-29 08:24:07 · answer #3 · answered by lil am_27 2 · 0 0

Unless you have had previous warnings (oral and written) for absenteeism you should not have been fired, especially if this is a first absence. Only you will know if it is really justified. If it isn't you may have a case for unfair dismissal and could go to an employment tribunal. However, having done this myself.....the odds are stacked against you and in favour of the employer. It took me over a year to get to the tribunal, so don't take it on unless you can afford to finish it. You could always write your employer a letter asking them to fully explain to you the reason for your dismissal and what (if any, other offences in their opinion has let up to the dismissal. Ask them to provide evidence of warnings oral/written they have sent to you) If they haven't got any evidence you could be on a winner. Taking them to court is not always the best answer either, although I agree with you in principle, since it can affect your future ability to get a job. Employers are a bit wary of employees to have taken action in a past job. Have a think about it....I'm sure you will come up with the right decision for you. p.s. what reason do you have for saying they are prejudice (and about what?) Good Luck!

2006-06-29 08:31:53 · answer #4 · answered by SheBiggles 2 · 0 0

Well........It will hard to prove a case of discrimination that would be the only case you would really have because any employer can fire you for any reason they wish. You may take anything to court you want but finding a lawyer is the tough part. Do you really want to keep this dragging on? I sure wouldn't. Where one door closes another one opens, from the sounds of it, you should be glad your out of there. I would not want to work with people like that for one second let alone as long as you did! Take your precious energy and start to look for a wonderful job where people appreciate you for who you are!

2006-06-29 08:25:39 · answer #5 · answered by soniaatcalifornia 5 · 0 0

If you have a doctors note yes!! BUT check to make sure you aren't a "at will" state.
I am a hiring and firing manager in a "at will" state. That means you can fire people at will and don't need a explanation!! Also read the actual application to make sure they didn't add a "at will employer" on it. Have a friend go in and ask of a application so you can have a copy. If it says nothing about being a "at will" employer call your lawyer!!
"At Will" is the only thing that can make you lose your case!!

2006-06-29 08:23:51 · answer #6 · answered by Maimee 5 · 0 0

With your attitude, I would have fired you. Just because you were there longer than the others doesn't mean you were a good employee. If they really were prejudice though, why would they keep you there the longest? Take them to court. Lose. You'll have fun throwing your money at the lawyers though.

2006-06-29 08:22:29 · answer #7 · answered by Lord Tyrant 3 · 0 0

Yes but it doesnt sound like there is any prejudice there. They just want you at work and not calling in sick. However if you have been to the dr and he said that you should have not worked then sue due to the Family/ sick leave laws.

2006-06-29 08:22:16 · answer #8 · answered by bildymooner 6 · 0 0

No Employer can fire you for just missing a day of work due to sickness. Is there a history etc? Check with a labor Lawyer who might look at your case and see if you have grounds for filing a case. All the very best.

2006-06-29 08:21:45 · answer #9 · answered by tortugamerlin 2 · 0 0

It depends on what state you live in as to whether or not you can actually build a case. For instance I'm in human resources at a small company in South Carolina. This is a right to work state and therefore my company can fire anybody for no reason at all. Go to your library and read up on work laws there. Or take the easy road and draw unemployment of their asses.

2006-06-29 08:23:52 · answer #10 · answered by Anonymous · 0 0

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