Can an employer terminate you..?

Question

I have never had and negative reviews or warnings. I was recently admited to the hospital to have my appendix removed. I was out for a few days with my bosses OK. When I called to update my status I was asked not to return. Is this legal?

I live in Illinois, non-exempt admin position. Everything was done by the book. Thanks

Yes, I was approved for STD.

Answer 1

depends on the state. Ga. is a fire at will state. they can fire for any or no reason.

Answer 2

(This assumes you're in the U.S.)

There are two interesting things at play here:
(1) Generally, employees are terminable "at will" (in most states) -- that means they can be fired for any reason or no reason at all, except in the case of discrimination based upon a protected class (age, race, gender, religion, etc) or if you were a "whistleblower' reporting employer wrongdoing.
(2) However, the Family & Medical Leave Act requires that an employer provide you with a certain number of unpaid sick days, cannot terminate you for using them, and must provide you with your old job (or an equivalent) upon your return. There are, though, many prerequisites for the FMLA to kick in, such as the size of your employer, the time you've been with the employer, etc. Here are some of the frequently asked questions about FMLA leave from the Department of Labor:
http://www.dol.gov/elaws/esa/fmla/faq.asp
(3) To the extent you've been discharged for taking medical time off, you may have a cause of action against your former employer, but those actions have very short statutes of limitations generally. Contact an employment attorney RIGHT AWAY. She will probably not charge you for an initial consultation, will work on a contingency fee basis, and will help evaluate your case.

Good luck.

Answer 3

Initially, I want to say that it's not legal, but the real answer depends on a lot of factors that you didn't mention in your question.

What was the reason that they gave you for termination?
What is your company's policy on sick leave?

What they did is obviously not ethical, and if you have had consistently good reviews, it is not legal either. They can't fire you for getting sick, especially if you are a salaried employee (and not a casual, meaning, one who gets paid by the hour).

Talk to your HR representative, and if that fails, go and find a good employment lawyer. You might have a wrongful termination case.

Answer 4

Although you received an almost correct answer by Perdendosi, as he/she said, there are many factors which could render your options moot. One is you must apply for and be approved for FMLA before taking such leave. I did not see that anywhere in your post.

Also, as so many like to throw these terms around, there needs to be some clarification. "RIGHT TO WORK" simply means you do not have to join a union to work. And "AT-WILL" simply means that absent an employment contract, ether party to a work relationship may terminate that relationship without cause.

Frankly, without further facts on which to base a legal opinion, I would have to say that you have presented nothing which would render this termination illegal.

And yes, I am an attorney.

Answer 5

First find out why. Then was there a warning or written reprimands. Are you a minority, and your boss white, or any combination of races different from yours. What State do you work in? Is it a right to work State? You can be fired for just about anything if it is a right to work State. Call the EEOC(Equal Employment Opportunity Commission) they may be able to help.

Answer 6

If you work in a state where the employer does not have to give reason for your termination (Termination at will), it could be legal. Unless they told you you were being terminated because of your medical leave, it's probably legal. You should investigate what reason they gave as to why they terminated you. If it is something libellious or medical, you should pursue legal actions.

Answer 7

Depends. What reason did they give you to fire you? Were you salaried or hourly? What state do you live in? What kind of job was it? How did you get along with your boss? Etc. Etc. It really does depend.

If you are uncertain, it is advisable that you consult an attorney. There are just too many different factors that make a difference to ask here.

Answer 8

That can't be legal, they must have some documentation that you missed work without an excuse or have 'just cause' in order to fire you. I would find a lawyer, even a law student on a college campus, hell a professor of law and ask them for sure, but I'd say that is not legal.

Answer 9

There was just a similar question on here like this. You might have a case if your position at that job is still there. Do some research into the Family Medical act...(you know the Govmt. plackards and forms usually near the breakroom)
It's possible to have a case against them. Best wishes!!!!

Answer 10

Check your local laws....sounds like wrongful termination if you ask me. If you got positive reviews, no warning and was possible fired over a hospital visit? I'd research your local laws and ask for the reason why you were fired. This could be a nice lawsuit.

Answer 11

If you live in a right to work state they can fire you for any reason besides race, religion, sexual orientation, age etc. I do not know if your illness would fall under FMLA. If you have an HR representative at your work you may want to contact or you can just call your old boss and tell him to go to hell and go get a different job.