can i sue for wrongful termination?

Question

today was my second day being out sick with bronchidus. two weeks ago, i was also home with my three month old son who had influenza, and now they're saying i'm not dependable enough to work.

I have worked in this daycare and brought my kids here for a long time, now i get fired for being out sick with bronchitis. Also I'm considered unreliable? I'm never gone a lot even when my kids are sick. The day care does have a policy about sick kids, but in all reality it doesn't apply to staff kids. My three month old son had influenza A two weeks ago and i was expected to bring him to the daycare while he was highly contagious. I don't think this is right

Answer 1

yes you can

Answer 2

You can, but I would think carefully about such an action. First, wrongful termination will be very difficult to prove, especially if you signed an "at will" contract, which is common nowadays. NOBODY does their job perfectly, and it's not hard for employers to find a legal reason for letting you go. Second, such a venture would be extremely costly to you. Even if your case was easy, you would have to, at least initially, shell out thousands of dollars in legal fees out of your own pocket, and god forbid if you lost you would still be jobless and then be saddled with all that debt. Third, even if you won your case, and the company was forced to take you back, don't you think your mere presence there would cause a large amount of resentment? Once you went back to work, you would be watched like a hawk, likely in an environment that would be miserable for you, any little mistake you made would be pounced on, and it likely wouldn't be too long before they found a legitimate reason to get rid of you. So, unless there are very STRONG principles involved here, or unless the company is clearly doing something illegal, it's likely in your better interest to just let this go and find a better, more pleasant place to work.

Answer 3

It depends. On what basis is your termination "wrongful"?

If you have only been at your job a short time, and you have already missed work in two different weeks, most places would fire you and you would have a hard time finding a lawyer to sue for wrongful termination.

Do you live in an "at-will" employment state? If yes, then you can be fired at anytime for any, or for no, reason.

Or, have you worked for this company for a long time and never missed work up until your son was sick? And have they let other workers miss the same amount of time as you and keep their jobs? If yes, then maybe, you might have a wrongful termination suit.

If you really think the company has done something wrong, call a lawyer, they could help you out.

Answer 4

Probably not, unless the company has stated policies on sick days and days without pay. Ask to see the personnel policies.

Look at it their way: in the past three weeks you've been gone for at least 3 (or more?) work days - 20% of the time. If you are in a limited staff situation then you are vital to them.

If you have worked for the company for a long time they might forgive; if you are brand new you may be out of luck because you have no history.

Can you ask them to put you on probation instead of laying you off? This means so many days in which you cannot have a sick day.

Answer 5

On the one hand, unless you worked under a union contract, or had an individual employment contract, you are what labor law calls an "at will employee" which means they can fire you at any time, for any nondiscriminatory reason.

But, on the other hand, since your abcenses from work were caused by your bronchitis and your 3 month old son's flu, you may have a case under either the Americans With Disabilities Act or the Family and Medical Leave Act.

Contact an attorney - you might have a case.

Answer 6

Well, heck yeah, sue away!
Are you kidding?
Assuming your kid was sick for a couple of days, in the last three weeks you've missed what, 4, 5 days?
It's unfortunate that you and your kid were sick, but let's face it, unless you're absolutely incapacitated with your bronchitis, or unless you have to run in your job, you could probably suck it up and go to work; unless your daycare provider prohibits you from bringing a sick kid, he'd probably be OK for the day with the sitter.
That's what we call the "downside" of being all grown up and big.
Do they pay you for missing work? Probably not.
If I was running a business, I'd rather see you make an attempt to come in and then send you home than having you miss a third of the time.
I'm guessing you've not been at this job for long?
Get on with it. Find another job and learn how to balance your life. Grow up.

Answer 7

Depends on what your state laws are. Most states have what they call "at will employment" which means either party can end the relationship for cause with no notice. If that's the case, you're out of luck because your recent history of absences can be seen as excessive and that's a perfectly legitimate reason to fire someone.

Answer 8

Well, you could file for unemployment. If you just started this job though, you could have been on a 90 probationary period. In this case you can be let go for any reason. I know in my city, if your child is sick there are people who take care of them at the hospital while you go to work. It is relatively cheap ( like maybe $7 an hour). You may want to check that out for the future.

Answer 9

Unfortunately, no, unless you have a employment contract which most employees don't have. You are considered an employee at will. That means that either you or the employer can terminate the employment, without cause and without notice at any time.

Answer 10

Sounds like the kind of place I wouldn't want to work, anyway.

If you're in an at-will state and haven't signed a contract, they can basically let you go any time. Sorry. Consider it a blessing.

Answer 11

Check to see if your state is an "at will" state. This means an employer can hire or fire for any reason at all. The most you may get is unemployment.