Can i get dismissed for not going to work even when i have a doctor's note?

Answer 1

as long as you have followed the procedure correctly ( rang up manager giving reasons for absence,handed in doctors sick note)
then no they cant touch you...

Answer 2

Unfortunately, as unfair and unlikely as it seems, the answer is yes.

I know this from personal experience, through a friend, and also by recent work undertaken with a client......

I suggest that you read your contract of employment, as this is where relevant information can be found.

Personally, I had had some major health problems which resulted in me having a long period off work sick, all with properly certified medical notes from my GP.

For reason I will explain later, I cannot name my employer or those other organisations/companies.

At first my employers were sympathetic to my situation and told me there was no problem and that I should concentrate on my health. However, as time went on and to them I didn't appear to be getting better, things changed.

My medical records were requested from my GP, but only after I had given consent, I was referred to Occupational Health, and various measures aimed at "helping me" were put in place.

However, as I said, I didn't recover as fast as they would have wished. I then seemed to become somewhat of a problem to them. This is when sickness and disciplinary procedures where started.

According to my contract, it said that if prolonged periods of sick leave were taken then, providing everthing that could be done, had been done to help me, the company were then within there rights to dismiss me.

I am rather cynical now about large companies and organisations that appear to be doing everything in their power to help employees, ie are seen to be doing all the right things, because ultimately they can still decide that as there is nothing further they can do to help, you can be dismissed.

In my case I realised that this was the case, and actually felt that I was being watched for any and all signs of wrong doing so that it could be used to back up claims that I was no longer capable of doing my job.

I went off sick again, and took the decision not to go back to work. I enlisted the help of my Union before this happened, because I felt I needed someone to be on my side, so I contacted them and asked that they find some way for my employment to end, but without me quitting or being dismissed.

I did this, but a condition of this was that I had to sign a compromise agreement. And this is standard procedure in such cases, and also sometimes in redundancy cases. It basically says that you agree that no further action will be taken, so you can't afterwards claim unfair dismissal, and normally states that you cannot say anything negative about the way you have been treated or return to work for them within a specific time period.

Unfortunately this seems to be happening more and more, where people are genuinely sick and provide all necessary doctors notes and information, follow correct procedures etc. but still find themselves in a position where their job is at risk. Most people, like me, choose to leave without making a fuss, as they are usually too unwell or feel unable to challenge this.

I'm sorry if this isn't the answer you wanted or were expecting, and many years ago I would have agreed with most others on here who have answered, but in reality this kind of thing does happen.

So my suggestion would be to consult your contract of employment first, contact your union if you are in one, or join one if you aren't. They may not be able to stop it happening, but can at least advise you on the best way of dealing with it.

I wanted to make sure, for the future, that I didn't appear to have resigned for no reason or that it was down in writing that I had been dismissed. I also wanted to ensure that I could get a reference when applying for other jobs.

I have now successfully go on to have a complete change of direction in my career, and when asked I was able to say that due to ill health a mutual agreement was reached to end my previous employment.

Hope this helps.

Answer 3

That's a tough one. what state are you from? Most have protection for workers for a certain amount of time. Do you have that excuses allot? If you have the same injury or sickness you can be terminated in most cases. Workers rights are protected by the states just like the employees. Check with your local state employment office they have the answers. Remember this is the state you live in business, they make money when you work(taxes).

Answer 4

It depends on where you are employed and what their policy towards absences

In one of the well known companies of America you could have a doctors note but unless you take a LOA even if it is just for a week then your missed days keep adding up and three missed days is one unexcused absents

Answer 5

You didn;t used to be able to be sacked if you had a doctors note,however you can be now.

Your employer can say you have had that much time off you are not fit to do your job.

I know people it has happened to.

Answer 6

Definately not you would have a really good case for unfair dismissal if they did.

Answer 7

no you cant get dismissed for having a doctors note if this did happen you could sue the company u work for for unfair dissmisal

Answer 8

no you cant by law. seek legal advice if you boss does this to you. a doctors note is more than ample proof that your ill. hope you get better soon xx

Answer 9

NO... if you have a doctors note it is against the law for your employer to sack you.

Answer 10

Yes.

How often have you been off sick before the latest time? If your time taklen off exceeds what they consider acceptable, they can discharge you even if you have a dr's excuse.