Can an employer threaten to dismiss an employee because of an illness?

Answer 1

no way!

Answer 2

Well, that depends.
You are entitled to 12 weeks of unpaid leave (without fear of termination) under the Family & Medical Leave Act. But you have to let your employer know that you're using that time.
http://www.dol.gov/elaws/esa/fmla/faq.asp

You're also protected by the Americans with Disabilities Act if your "illness" constiutes a "disability" under the Act and doesn't materially interfere with your work with reasonable accommodation.
http://www.chicagolegalnet.com/ada.htm

If you have a contract or are on a collective bargaining agreement, failure by the employer to follow the agreement might be a basis for a wrongful termination suit. Further, if they have given you an employee handbook, some courts in some states consider that a "contract" that the employer is bound by; so, if there are terms and conditions related to paid time off or medical leave, consult that.

However, most employment in this country is "employment-at-will," which means that an employer may terminate you for any cause, or for no cause at all (except of course violations of other statutory law, such as the ADA, FMLA, Title VII or the state's Human Rights Act, etc.) Thus, if you just get lots of illnesses, and you can't get your work done, and you've used your FMLA (unpaid) leave time, and your illness isn't a "disability," you're probably out of luck.

Are you missing too much work? Are you following the company's sick leave policy?

If you're seriously in fear of losing your job, keep a good journal or log of all the activities you've done, all your performance appraisals, all of your illnesses and notices, and all comments made to you. Then it will be easier for your lawyer if and when you are fired if and when you decide to seek legal assistance or prosecute a wrongful termination / discrimination claim.

Answer 3

Hi Liss.

First of all, Martin K obviously does not know the law he is completely wrong! So ignore it. Being related to a magistrate does not make you a legal expert.

In law there is a thing called 'frustration' of contract. In this type of situation if the employee can no longer fulfil his obligations under the contract of employment then it becomes frustrated.

Often, an employer will offer an alternative job to accomodate the illness but if all these avenues have been exhausted then they can terminate the contract on these grounds provided all reasonable steps have been taken to assist the employee in carrying out his duties.

Hope this clarifies the situation

Answer 4

In the UK (sorry I have no idea about US law):

They can but they could find themselves treading on shaky ground.

They can threaten to dismiss you if you take too much time off sick (in their opinion) but they have to follow company procedure - ie whatever is in your contract. Thats usually verbal warning, then a recorded warning, then a final written warning, then a dismissal.

The law states that employees cannot be dismissed "on the spot" except for reasons of gross misconduct. Sick leave is not generally classed as misconduct so they have to go through the warnings procedure above.

Obviously you have to have followed the correct procedure for going off sick as detailed in your contract - ie phoned in sick at the right time and supplied Doctors Notes where needed etc. They might have a case to dismiss you if you went sick and didn't tell them or didn't provide a Drs note when you needed to.

If they haven't followed the correct procedure, or you feel you have been discriminated against as you have a long term illness (which would be similar to a disability) you should check with ACAS if you have a case for unfair treatement or unfair dismissal. They could find themselves facing an industrial tribunal if the prpoer procedure wasn't followed and the dismissal is found to be unfair.

People with certain illness are protected from dismissal under disability discrimination law (diabetes is one I beleive) and also women cannot be dismissed for ANY sick leave they take when pregnant (before their maternity leave starts) for pregnancy related illnesses - that applies to morning sickness and any other pregnancy related complications.

Answer 5

According to a recent Supreme Court judgement, a security guard of the Syndicate Bank ,dismissed on the ground of remaining absent for a long period requesting leave of illness without sanction of employer,lost his claim that he was sacked on illegal.basis.I think he can provided employee absents himself a long time from work with no permission.

Answer 6

relies upon on state. In some states an agency can terminate without reason and others they could educate reliable reason. frequently, the agency will or must have a no compete contract which prevents such issues as what you reported from taking position.

Answer 7

If you do not have a doctors note then yes. Most companies allow two day sick but on the third you need to have a dr note saying you are unable to work for X amount of days but should be able to return by what ever date.

Answer 8

In the UK people who suffer from certain types of illness are protected from being sacked or disadvantaged by their employed (IE diabetes, aids), also they are on dodgy ground if it is an illness/injury caused by work.
If you go to the D.T.I website there is info there.

Answer 9

They can call it something else like excessive absenteeism. If you live in an "at-will employment" state, you're out of luck. Otherwise you might have a case. Check with your state dept. of labor.

Answer 10

If the illness comes between the job,creating too much of absentism and inconvenience,then yes.

Answer 11

yes, if you are out of sick leave and out of annual leave and you are still sick they can for sure fire you. your agreement is that you work for pay and when you can't work, they don't have to pay you. they need to hire someone who can work. it doesn't seem fair, but yes, they can not only threaten, they can really fire you for being sick, legitimately, even if you are in the hospital. check their policies on illness, but even the best employer will fire people who cannot work anymore.