Can I get fired?????? Please help :(?

Question

Can I get fired from my job if I have a doctor's excuse???
I injured myself and had to go to the ER. They told me to be off work 1-2 days(I have an ankle injury and needed to rest) I went in to work and personally told my office manager that I needed to take the day off and possibly tomorrow. I handed her the note written by the ER doctor. She proceeded to tell me that I REALLY needed to be there, because I haven't worked there for more than 90 days and I could lose my job. My question is, can she fire me for missing work with a doctor's note??? By the way I live in Indiana and any websites that show me this answer would be helpful.

Answer 1

It sounds like you are on a probationary period. If that's the case, they can fire you for absolutely any reason they want. It's like a temp-to-hire position.

You should have faxed the note to them. If you could make it into work, why couldn't you work? I realize that you needed to rest your ankle, but that's the way they may see it.

If you get fired, thank your lucky stars that you didn't waste more time at this company. If their policies are that strict and unforgiving, you'll be happier somewhere else anyway.

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Answer 2

I am reading a LOT of B.S. about the doctor's note. It is not a doctor's excuse, such as one written to keep you out of PE in high school. In high school, the state HAS to keep you enrolled up to a certain age. There, the not can be an excuse.

The doctor has no legal standing in determining whether or not the employer can fire you. Unless there is some protection for you, written into local ordinances or legislation, a doctor cannot tell an employer what to do. A doctore cannot "excuse" you from working. A doctor may put you on "disability." If so, there is another process, in place, that may protect you, depending on the state.

After all, YOU are not obligated to follow a doctor's advice. Why should your employer be? Even the doctor is not saying that you will die, or that your health is in danger if you do not rest the ankle. He is only ADVISING you to stay off of it. WE know that it is in our best interests to follow the advice, but many of us do not follow doctor's advice. (how many, here, still smoke, eat bad food, fail to exercise regularly?)

Is your employer behaving fairly to you? Does NOT matter. There is no rule that says you must be treated fairly by an employer. The employer looks after HIS best interests. The person that says that letting you go would be bad PR does not know what really is. How bad a PR hit will they take for letting a new employee go?

As was pointed out, in one response, if you were able to get to work, that day, what prevents you from working that day?

My advice for the future is for ANY new hire, for ANY company in ANY state to be extra careful. If the job is important, do what you can to make sure you keep it. The best way to make sure is to show up, do a good job, and hope that you get recognized for your efforts. I can almost guarantee that you will get recognized for NOT showing up and NOT doing a good job.

I AM sorry that your job is at risk. Whether or not the injury could have been prevented, don't expect that you will get special protection when the employer needs a slot filled, and there are plenty of others available to fill it.

Just because you can cry, "It's not my fault!" does not mean it is the employer's fault.

Answer 3

Indiana is an "at will" employer state. That basically means that you are employed at will, either by your will, or your employers.

You can be let go at anytime, for any reason. And many companies have the policy that you cannot miss work for any reason during the first 90 days. It doesn't feel fair, but the reality is if you are missing work during your first 90 days, you will probably miss a ton of work all the time.

Do you walk alot in your job? If you have a desk job, take a little foot stool with you and prop your foot up and go to work!

Answer 4

If you are in your 90 day probationary period, yes.
Probationary periods are your time to shine and show your new employer what an asset you are. Unfortunatly if you aren't at work
you can't do alot of shining can you?
I tried looking it up on the web throught the dept of labor but couldn't find anything on it. That may be because Indianna is a
hire/fire at will state.
You might try looking it up in your employee handbook.

Answer 5

Life happens sometimes and I suspect they can fire you even for no reason during a probationary period. Fact is, even if you made it to work to give them the note, staying could aggravate your problem due to swelling of the foot area.

Don't sweat it. This would be a major black eye on that company, but then most companies never worry about that anyway. And, from their standpoint, they need to get the job done.

Answer 6

Indiana is always having fights between the Governor and the trade unions.
It all depends upon whether or not you were hurt on the job. You said that you injured your ankle, but you did not give details. It you were hurt on the job, you should see a Workmans compensation Attorney immediately.
If you were not hurt on the job, you have no workers rights at all.

Answer 7

If you have not been employed for a full year or more, you are not protected under the Family and Medical Leave Act. Otherwise, there may have been some hope for you. Call your Wage & Hour office if you have questions. They are really helpful and can possibly point you to a State agency that may help.

Answer 8

Yes, you can get fired. They can fire you for missing 90 days, or because they don't like you or don't want you to work there anymore. Showing up with a note for your ankle doesn't prevent them from firing you for those reasons.

Answer 9

They can not LEGALLY fire you if you have a note from your doctor saying you need to be off. If they do you need to contact your states labor board.

For information on the labor board see first link

For information on the Family Medical leave act of 1994 look at the second link below.

Thumbs down or not, They can not legally fire you if you have a doctors note. If in question contact a lawyer.

Answer 10

I tend to agree with most everyone here. You are under probation and they can fire you for any reason. If you're injured and you have a doctor's note and they still want to let you go - count yourself lucky. You don't want to work for an outfit who treats you like that.