Can i get sacked/fired from my job for this?

Question

Hello, a few weeks ago this happened...

On a monday, i asked for the thursday off as a holiday, which would of been in the same week, my boss said no, so on the thursday i phoned in sick, but i was genuinely sick and was in bed all day, when i went in on the friday he gave me a letter saying as of the 6th (on the next monday) my employment is terminated, i asked him whats this all about and he said because he didn't believe me that i was ill, because i asked for the day off originally.

is that legal? can they do that? is it worth doing them for unfair dismissal? how would i go about it? thankyou.

Answer 1

Should have went to the doctor. Yes, they can sack you. That's half the problem with todays workers, they think they have entitlement to work, and they can't be fired. With all the cheap labour pouring into the country, you would think people would think a little more and work to keep their job, so they don't lose it for a silly reason, only for it to be taken by someone who will do the same work for half the money.

Answer 2

Well depends on if you work in a right to work state like say nevada which gives any job the right to fire you at any time no matter what. However there are still laws that they have to follow. If the company has set rules and guidlines in their employee handbook which most companys hand out when you get hired and it says that you can not miss more then say three days or you could be terminated and this is your first time then legally no they can not just based on what they think. They have to follow these guidelines and the reason why they have these is to prevent them from getting sued. If you have missed work alot then your out of luck. Look at the handbook and see what it says. Then think about it the only way they are going to give you your job back is if you go to court and sue them or get a laywer and eventually they will find someone to get rid of you. Cut your losses and move on. Next time though if you ask for a day off and you do come up sick go to the doctors and get a note or it makes you look bad. What would you think if you were a boss and one of your employees did this. You would be thinking the same thing as he is. Also each state has guidlines for this. Best thing to do is talk to a laywer, and her is going to ask you what have you been in trouble before and if you have been in trouble then you will be wasting your money.

Answer 3

(assuming you're in the UK)

IF you have less than one year's service, tough luck.

HOWEVER if you had more than one year's service you CAN bring a claim for unfair dismissal. It's nothing to do with warnings, or whether you are believed, or were genuinely sick or anything. Fact is, they didn't follow the minimum statutory procedure so it's automatically unfair dismissal. To do that they should have:
- written to you setting out the disciplinary charges, inviting you to a meeting, stated that a possible sanction was dismissal, and informing you of your right to be accompanied
- conducted the meeting, and allowed you to have your say
- written to you confirming the decision and notifying you that you could appeal.

Recent authority shows that tribunals have to be strict when applying the procedure: if the employer didn't follow it (or a modified procedure, which most likely doesn't apply here) then your dismissal is unfair and you'll be entitled to compensation.

Visit your local Citizen's Advice or Law Centre, or get a solicitor. Don't go with some random no win / no fee company from the web.

Answer 4

For UK -As with many dismissal questions al;ot would depend on your length of service, anythuing under 1 year and then yes, you cabn opretty much be dismissed for any reason (as long as the reason is not discriminatory)

If you have the relevant qualifying period tghenthe answer is no, they cant dismiss you for this one offence, unless you have had previouis warning and are currently on final written warniong for the same offence. even if thats the case, a disciplinary hearing must be arranged and a decision made with all the evidence and an opportunity for you to state your case. even if its in your contract that 1 instance of absnece (or one that the companies does not beleive is true) will lead to dismissal it is likely to be deemed an unfair term and anyu dismissal is likely to be found unfair in an employment tribunal.

an employer is not a doctor (unless your employer is a doctor of course...but i dont think that is the case here) and therefore they are not in a position to decide if your illness is real or fake, even so, for 1 day off all you are obliged to provide is a self cert unless your company specificcaly requires a doctors note. if they do they would be obliged to pay for it.

I think you have a good case for unfaior dismissal if:
you have 1 years service
you have no previous record of doing the same thing and are currently on a Final Written Warning.

as with all instances like this, i would advise a specialist employment solicitor or CAB, as ther is opften more to a story than you can put here.

hope this helps

Answer 5

Hi.

As a personnel manager myself I have to say it does sound like you were pulling a sickie just because you couldn't get the day off.

However, I would also be able to tell, the day after your absence, whether you'd been ill or not: I mean if you'd had a cold it'd be obvious in terms of you'd sound bunged up. I'd also be aware of illnesses doing the rounds in the office: for example, here in my office, there's an outbreak of sickness and diahorrea and with some people they are just off for a day.

Being the sort of manager I am I'd give you the benefit of the doubt but as your manager hasn't I'd go to HR and ask them to intervene. They may be looking to dismiss you on grounds of gross misconduct, i.e. "lying" to get a day off, abusing the absence procedures in your office, etc. You may need to prove your illness here. If you can't then to ensure you can get a reference you might be as well to offer to resign rather than be fired. I doubt you could go for unfair dismissal as I think that, from the company's perspective, there's grounds for dismissal based on my comments around processes etc.

Good luck, though, it's a tough break...

Answer 6

How long had you worked there? if it was less then 12 months they can sack you without a reason at any point. However, after 12 months it is more complicated. It sounds as if you should have had a verbal warning first and then if it happened again a written warning then the sack. However, why did you want the Thursday off anyway?
In future i suggest that if a coincidence like this happens again go to your doctor and get a note.

Answer 7

I would have thought that you would have been given a warning before being terminated. It depends how long you have been in the position as under 6 months of employment, employers do not need to give you notice to terminate employment. It is all dependent upon your contract of employment.

I would go to your HR office and explain the situation to them with the hope of being able to get a second chance.

It seems, however, that your boss was looking for an excuse to get rid of you and you gave it to him. I would have gone to the doctor on Friday and gotten a note before returning to the workplace.

Answer 8

How long have you worked with the company?.. if its over a year, then no they cant do it to you. To be honest he is walking on shakey ground even if you have worked there less then a year.

Ok it looks really dodgey that you did phone in sick, but your boss cannot fire you based on what he thinks if he has no proof, because he is basically calling you a liar with no evidence. You have a legal contract with your company and the grounds for termination should be in the contract. I would advise you to read through it. If you can get medical evidence to back up your illness it is advisable.

Answer 9

You have to fulfil the criteria of being employed by this employer for a required period. If you do, you have the right to claim unfair dismissal. How can you prove you were sick? You'll need to be able to do that. If you are UK resident the Citizen's Advice Bureau will be able to advise you on your full employment rights. They also have specialist reps who do Employment Tribunal work and can represent you. They'll be listed in the phone book.

Answer 10

That is totally unfair. However you probably knew that they would not believe you that you were sick and to be honest rightly so! you should have gone in to show that you were genuinelly sick and left once they saw you.
You should go to the citizens advice bureau and see what they can offer. If your workign in a office where there is sturcture in place then you are more likely to be helped. Legal advice from the bureau will set you straight.

Good luck and hope you find another job pretty quick. Bad time to loose a job at christmas.