A friend of mine worked at a dollar general and she was hospitalized due to a nervouse breakdown. She called the manager and let them know she was hospitalized, and she called a few days before she was released to let them know she was getting out. They told her not to come in because she had been replaced.After that she called up there and they told her she had quit but the manager told another "Manger" that she had quit. Can they fire you because you were hospitalized?
2007-06-15 01:31:12 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Termination due to hospitalization is illegal because it is not a valid cause under the law. Being sick is a ground for dismissal of an employee as long as a medical certificate can be presented.
2007-06-15 01:35:40 · answer #1 · answered by FRAGINAL, JTM 7 · 1⤊ 2⤋
The correct legal answer is Yes, they can fire her for that reason.
And that answer is based solely on the facts as presented, not guesses as to the situation or other facts which may or may not be relevant.
While FMLA protects a worker's job while that worker is on such leave, it is NOT relevant if the worker has been employed less than a year and unless the worker has applied for and been approved for Family Medial Leave.
There is no indication that such transpired.
also, there is no law regarding the retention or firing of an employee who misses work due to an illness unless that employee is either on approved FMLA or Worker's Compensation.
So, if there are additional facts you didn't post post them now. Otherwise, the firing was completely legal.
2007-06-15 03:31:08 · answer #2 · answered by hexeliebe 6 · 0⤊ 0⤋
If she is covered by FMLA then no they cannot fire you because of being hospitalized.
If she is not covered then they can consider 9 days excessive absenteeism. She needs to refer to the company policy on absenteeism - that is what will tell her what is and is not covered.
There is no law other than FMLA that says you cannot be fired for being absent for any reason other than discriminatory reasons or workers comp related reasons.
Contact the labor board in your state and speak to them about the specifics of laws in your state.
2007-06-15 01:37:21 · answer #3 · answered by Susie D 6 · 0⤊ 1⤋
You need to check with a lawyer, but I don't think you can be released from a job due to medical treatment.
2007-06-15 02:33:00 · answer #4 · answered by bellslady65 3 · 0⤊ 0⤋
With proper paper work from the hospital, they should not be able to fire you
2007-06-15 01:33:35 · answer #5 · answered by JD 2 · 0⤊ 1⤋
No, you can take medical leave but if she was just part time, that may be a different story.
2007-06-15 01:33:59 · answer #6 · answered by Anonymous · 0⤊ 1⤋
No, I don't think so. A job like that can't be hard to find, I would not want to go back there.
2007-06-15 01:57:57 · answer #7 · answered by Anonymous · 1⤊ 1⤋