...if I had to call in one day because I was having surgery? I had a documented doctor's excuse. Just curious.
2006-12-03 14:11:56 · 27 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
And yes, I told them about a month in advance. I just didn't know whether the surgery would be scheduled on a Wed. or Thurs. (depending last min. on how my body reacted to meds.).
2006-12-03 14:17:40 · update #1
It depends on your employer. Most employers claim "at will" employment which means they can fire their employees for whatever reason as long as it is not prejudice. You need to check with an attorney. Good Luck!
2006-12-03 14:24:56 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If you gave your employer advanced notice, scheduled the surgery and had a doctor's note, legally, it would be impossible for your employer to fire you. And if you did get fired, you would certainly have a strong case in court to fight this. I do not even think it matters what state you live in. Employees are afforded certain rights by an employer and one is the right to call in sick when not healthy. That is why we have days off, personal time, vacation time and sick time. And if your job does not offer all of that, you still are aforded, by law, time off for medical reasons. You do not even have to tell your employer what type of surgery your having either. If you have a medical issue, all you have to do is inform your employer that you have a medical problem and you should, by law, get the time off without the employer knowing what your medical problem is. You do not have to tell your employer about your medical problem because that is your right to privacy. I have had 3 surgeries and have received ample time off of work. My knee surgery kept me out of work for 3 1/2 months. My job was awaiting me when I came back. They knew that if it was not, then they were breaking the law. And I only worked at a grocery store where they do not care about anyone. I never even told them that I was having knee surgery. I just told them that I had a medical problem, gave them documentation and that was it. If you have any specific problems or more questions, just email me and let me know and I'll be happy to help.
2006-12-03 22:20:50 · answer #2 · answered by Anonymous · 2⤊ 0⤋
depends on your contract/conditions of employment. Some states have "hire at will", meaning company can fire you for any or no reason.
Sounds a little harsh, but hmm....if you were having surgery, surely you must have scheduled it some time in advance? I mean, most people don't call work and say "sorry, I won't be in, I'm having an appendectomy today"?
2006-12-03 22:15:19 · answer #3 · answered by silentnonrev 7 · 0⤊ 0⤋
Not if u have a doctors note and you called in like you were suppose to within a timely manner. If they fire you for it you can get unemployement while you look for another job. Because they fired you for something that you couldnt prevent. So you are ok, unless they company you work dont care about their employees. I'm not saying to use it, but it doesnt help those who REALLY need it.
2006-12-03 22:16:31 · answer #4 · answered by bellabarron24 1 · 0⤊ 0⤋
Was it an emergency surgery? If it was a planned surgery then you should let your employer know ahead of time
What was your work record like? If you were fired solely because you called in because of surgery you may have a case.
2006-12-03 22:16:08 · answer #5 · answered by Maria S 4 · 0⤊ 0⤋
FL is a "right to work" state, you can be fired without cause. The American with Disability Act allows for certain exceptions. However, the bottom line is that if your company considers you an asset they will want to keep you, if not they probally do not need an excuse.
2006-12-03 22:18:25 · answer #6 · answered by Anonymous · 0⤊ 0⤋
No, they shouldnt be able to fire you for that. But how come you didnt let them know about the surgery in advance? Usually those type of things are booked ahead. So they might give ya hell for not giving them more notice. But I don't think they will fire you
2006-12-03 22:14:51 · answer #7 · answered by Anonymous · 0⤊ 0⤋
yes if you did not have sick leave.
and you did not have "annual" leave to use.
i would think you would know in advance if you were having surgery and could request the leave (if i were your boss).
you must have leave to take, regardless of the reason.
now if you are under a union agreement the answer might be different.
most employers would not fire a good or outstanding employee for this reason.
2006-12-03 22:17:36 · answer #8 · answered by Sufi 7 · 0⤊ 0⤋
I do not believe that you can get fired from work , when you have the paper from your doctor stating you are having surgery, If they are good ppl and you have not missed work or have done something to where you were slacking at work...other than that I don't believe that they can.....I get advise from attorney if you can to ....take care and best of luck.
2006-12-03 22:21:24 · answer #9 · answered by qckdrw 2 · 0⤊ 0⤋
Yes, you can be fired, BUT if you were to be fired and you have a doctors note, your boss would be a total idiot to fire you. There are all so many lawyers out there that would LOVE for you to come see them, that your boss would most likely beg to give you, your job back. Probably with a raise.
2006-12-03 22:15:25 · answer #10 · answered by GRUMPY 7 · 0⤊ 0⤋