Can an employer terminate you..?

hasdad62

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

Scotty

If you are out legally for medical reasons you have a case against your employer. I would talk to a lawyer......

Perdendosi

(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.

p_l_gray

It depends. Did you have a contract? If so does it say that the employer can terminate for convenience?

Legally an employer can fire you for just about anything.

I love all of the Yahoo lawyers responses. Unless you have a contract protecting you then you are an "at will employee". Your employer can terminate you "at will".

blogger

I would call a lawyer if I were you. That does not sound legal at all. They can NOT terminate you because you were ill in the hospital.

Fatty

what was the reason they gave you? Also, are you salaried or contract work?

Joey

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.

Charley

OUCH ! Something sure did go wrong, I would investigate this more. NOPE, dont sound right to me at all .... Dont forget the doctors note. Good Luck with this

Mr. Taco

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.

jack

If you went through the proper procedure of notifying your employer that the appropriate time then you should not have been terminated.

curmudgeon

sounds like you have a case. call the dept. of labor.

Phil

You need to provide more specific details. However, in general, most employees are 'at will' employees. This means that they can let you go for any reason except those that are specifically prohibited by law, such as racial or age discrimination.

Sounds like you are eligible for unemployment insurance.

icpooreman

you prob signed something when you started that stated you were allowed to quit and they were allowed to fire you at any time without warning... If not look into it a little more

Rebel0o1

nope you were out for a health reason and your boss give you an ok. You need a lawyer to get you out of this mess.

katiekat

Employment at will does leave some people frustrated; however, we can QUIT anytime we want and no one has a problem with that. I guess both sides take a gamble when there is no employment contract.

rhsaunders

Yes. It is tacky and foolish, but it is legal. Call the boss and ask what is going on.

wisconsindeathtrip03

Yes, it is at will employment. When a employer hires you (unless you sign a contract) it is at will employment. They can terminate you at anytime for any reason.

jim

Unfortunately, yes. Unless you signed an employment agreement, you are considered an "employee at will." This means that either party can terminate the employment without notice and without cause.

sleepsheepnyc

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.

Alowishus B

I'm afraid so. You can be terminated for just about any reason, or no reason at all.

It would be a simple matter for them to make up a legitimate reason. You'd have to prove that you were unfairly treated - not an easy task.

Angelina N

Not if it were done while you were out sick. Find out the reason

angel1^[]^1 divine

if you didn't return on time and don't have a doctor note

Silvax

You did not provide enough details here. I would recommend looking in the phone book for a lawyer. Many will give you an initial consultation for free to see whether or not you have a case.

reene2g

yes. Next time deal only with the personnel deprtamnet about sick leave and so on, you'll be surprised to find out 99% need something in writing ASAP.

House M.D.

For future reference, read the paperwork they have you sign upon hiring. It's in there.

Deb S

It depends on the state you live in. California they cannot fire you for that. New York can fire you at any time. It all depends on where you live.

rowena utopia

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.

censoredandangry

You might be protected by FMLA.

Michael

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!!!!

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