I was out of work for 3 weeks under doctors care when I went to pick up my check I was told I was fired, this was on thursday and I had a note to go back to work on monday is this legal?
2006-11-10 10:20:17 · 12 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I called in every morning to tell them I would not be there
2006-11-10 10:21:53 · update #1
Unless your illness falls under a disability covered under the American with Disabilities Act, I think you are out of luck absent some employment contract. Since I doubt you have a contract for employment, your employment is at will, therefore you can be fired (or you can quit) at anytime. Good luck.
2006-11-10 10:25:18 · answer #1 · answered by Tara P 5 · 2⤊ 0⤋
Depends on what state you are in.How long had you been there? If you are in the US, most of the states have a 'right to work' statute. Which means in spite of the note, they can fire you. Check with an employment law attorney, but I'd file for unemployment and start looking.
I worked with a woman that was missing a lot of time, ended up in the hospital (I suspect Hep C, but she never told anyone), when she called in daily, etc. She did lose her job though...and passed away maybe 6 months later
2006-11-10 10:33:39 · answer #2 · answered by susancnw 3 · 1⤊ 1⤋
If you gave the employer a note when you first found out you would be out for an extended time, you may have a case. You will need to contact an attorney.
It also depends on your note and if you kept the employer informed as to the extension of the off work order.
sounds odd to me.
2006-11-10 10:25:35 · answer #3 · answered by sideways 7 · 0⤊ 0⤋
It depends if you signed a paper saying that they can let you go at any time for any reason. You need to check the papers that you signed when you first started working there. Also if you had a probation period and it was during that time they can let you go. But if you have been there for a while and you told them your situation they should honor your note, if not get a lawyer.
2006-11-10 10:28:36 · answer #4 · answered by Sweetness 2 · 0⤊ 1⤋
They are not allowed to fire you at all if you have a doctors not and you called in every morning i would report them. You should go to work with your note and have a talk with the boss and tell them if you dont give my job back to me i will report you. You have every right go for it.
2006-11-10 10:32:28 · answer #5 · answered by mommyandbaby 4 · 1⤊ 1⤋
Yes they can. Did you read your employment agreement?
Especially in a "right to work" state. Did you have or apply for FMLA?
If you did not follow the guidelines explained in your employee handbook then they are within there rights. And I'm sure no business would put themselves in that kind of jeopardy.
2006-11-10 10:25:02 · answer #6 · answered by Smurfetta 7 · 1⤊ 0⤋
It appears illegal, but I am not aware of enough facts here. If the note from the doctor is legitimate, you could sue your employer.
2006-11-10 10:52:53 · answer #7 · answered by Kat 6 · 0⤊ 0⤋
Probably not legal. You can prabolby get you job back with back pay -if you feel like fighting for it. What woulld be IDEAL would be to talk to your union steward. If you dont have one, talk to a lawyer.
My husband could NOT be terminated from his job as he was under a doctors care, called off every day and was released. He is in the Union. There is also something called "Extended Leave of Absence" which Human Resources is reluctant to mention, becaue you may qualify under that as well. Persue this and talk to someone, before you all start giving me thubs down.
Oh yea, When you went in, I hope to god you didn't sign ANYTHING to get your check. They do that so that you won't collect unemployment. If anyone offers you something to sign, refuse. Get over to the unemployment office to sign up for that, too.
2006-11-10 10:25:16 · answer #8 · answered by profile image 5 · 0⤊ 5⤋
yes..that is sad but true...
life isn't fair...
unless you are covered by sick time and and your work place informed on that day you went out sick..
you are in violation for sure..
you can't return with a note you must inform them of the day you go out sick and keep them informed.
but some workplaces aren't under any law....
2006-11-10 10:25:32 · answer #9 · answered by cork 7 · 1⤊ 1⤋
depends on what state you live in. but if they fired you they were probably within their rights, call a lawyer and ask.
2006-11-10 10:25:49 · answer #10 · answered by dakota29575 4 · 0⤊ 0⤋