fired while in the hospital?

Question

I had started a new job last week. Anyway, i was told that my first 90 days was a probationary period. The company went on 3 point system. 3 points and your gone. well, my first week i missed one day due to hospital reasons. i followed up, cause they needed a note in order to return to work. That was one point. Just the other day, i ended up having what i thought was a heart attack. I was rushed to the hospital, missed another day, that was another point. Well, when i talked to my wife, she had told me that my employer decided to terminate me. The reason i was told was i wasn't doing my job when i really was. They terminated me for that reason cause they said they couldn't use "medical reasons" for a cause to terminate. I have proof cause my father in law works there too. They terminated me on 2 points, and not 3. Can they do that? Also, someone told my father in law that i wasn't doing my job, and that person doesn't even work in the same building. Any legal advice?

Answer 1

you could always find a solicitor that does a free evaluation. i think you have a case there myself. Unfair dismissal.

Answer 2

It's a lot like first impressions, whether you are a good, stable worker or not is unknown based on the information you have provided. However, you started a new job at a very unfortunate time, assuming you are a dedicated, hard-working person. But, from the company's point of view, you had a first week very similar to many, many other employees that eventually turn into truly bad employees. Therefore, right or wrong, they will go out and look for a replacement.

So should you. No harm, no foul. You were looking for a job when you got that one and you simply need to do it again. Next time, don't miss work the first few weeks regardless of the situation. Go to work and let the ambulance come there if you need medical attention. If you pass out and get rushed to the hospital, they may or may not give you a point in your first 90 days for that, but at least they can't question your dedication.

Answer 3

Depending on what state you live in, it seems like what they did, unfortunately for you, was legal.

Many states have "at-will" employment, which means both the employer, and employee have the option of terminating the work relationship at any time.

Although you didn't have your 3 points, the pint system is merely a courtesy, not a legal requirement.

You are correct, that they can't fire you technically for being in the hospital, but that's why they didn't. they fired you instead, ofr the legal reason: Failure to perform.

It seems legal, sorry man.


The only thing you might consider, is trying to ask them for your job back, AFTER your medical concerns have passed, asking to re-start your probationary period. But if you casue a stink, they're just gonna terminate you at the drop of a dime anyway. It's a cruel world.

Answer 4

Typically, employees are considered at-will. That is, you may be terminated at any time, for almost any reason. On the same note, you may quit at any time, for any reason.

Unless you signed an employment contract (you agree to work for a definitive period of time) then you are an at-will employee.

Although you are likely an at-will employee and can be fired at any time, the point system you refer to is an implied contract and you may have for breach of implied contract. I assume the point system is in writing, in either a pamphlet or handboook. The stregnth of your claim is largely dependant on the language of the point system and termination procedures in the employee handbook.

Good luck!

Answer 5

If you live in a 'Right to work" State, they don't need a reason to fire you. It is a shame that your health took this particular time to go bad but the employer probably thinks this will be an ongoing situation. Employers can always find a reason for termination.

Answer 6

File a case of illegal dismissal against your employer so that the court will determine if you can be reinstated as an employee considering that you were dismissed only after incurring 2 points as against the company policy of 3 points.

Answer 7

its a no win deal if you file complaint and win. they will go out of there way to make life hell. trust me i was a loyal employee for 25 years fled a complaint with the union my only one. It gots so bad i had a heart atack The doctor said stress brought it on, the A holes never even came to the hospital.. I quit with no notice and retired early Life is great now, if you get a lawyer god only knows what the will tell future employers

Answer 8

Call a lawyer.