can a employer fire you if you are sick and you have a doctors excuss?

Answer 1

If you fall under the Family Medical Leave Act, then the answer is no. To fall under FMLA, the company must have 50+ employees, and the employee must have worked at least 1250 hours in the previous 12 months. (IE: A full time employee for the past year according to the Fair Labor Standards Act which can include vacation and sick leave.)

Thus, if you have not been employed for a full year, you can be terminated. You can also be terminated if you fail to comply with your companies request for documentation on the illness/injury in a timely manner.

Answer 2

Unless this has been a million times a year type thing, I don't think so. If an employer wants you gone he/she will find something else to blame on you and then fire you for that. If you work around food, they for sure can not fire you for having a doctors excuse. It is the food safety law that says that you MUST stay home if you are truly ill, where you are coughing, or vomiting or have diarrhea. You can contaminate the food and make other employees as well as the customers ill. That in return can make a lawsuit against the business. But is there a reason that your boss is trying to fire you??? Maybe that is the real question.

Answer 3

It depends on the terms of your hire agreement. If you're an "at will" employee, then your exposure and risk are usually much greater than if you're not. Usually, there are specific ramifications for absence and differs for short and long term. Further, there generally are specific days allowed for sick time and once those are used up, other consequence or requirements may exist. To determine on what grounds and an employee can be fired, refer to the employer's employee handbook, manual or whatever document the employer uses to state their policies and procedures for absence. The bottom line is that an employer may have the right to fire an employee for absence while ill even when there is a doctors excuse.

Answer 4

It depends. If you missed work for a serious medical condition you are protected under FMLA laws - assuming you are qualified for FMLA coverage (you have to have worked a certain number of hours in the year prior (I beliee 1250 hours)) and you are allowed up to 12 weeks of FMLA leave. That being said, if you had other absences that were not FMLA related, they can fire you for those but cannot hold the FMLA protected absences against you.

Answer 5

Depends, he could say he fired you for other things or claim thay youre often sick and youre more of a hinderance to the company than a active employee should be.....

Answer 6

Hard to say without knowing the whole situation. Your best bet to get in touch a local or state labor board.

Answer 7

no you can not be fired for being sick especially when you have a doctors note. that note protects you from any discrimination. and having health problems go hand and hand with discrimination. there are laws which protect you from this exact thing. they should be hanging in plan sight either in your break room or boss' office door
this notice should say we cannot discriminate againts anybody with health problems or illness' this includes hiv/aids .

Answer 8

It depends on where you live. I live in Illinois, which is an at-will state. That means either side can leave, at will, for any reason. Call your state labor board for more specific information.

Answer 9

You can fired for anything, my wife got fired because umm well they never gave her a reason. You need money to fight it though

Answer 10

Depends on where you live. Call your local department of labor and talk to them about your rights.