Can a worker be fired from work while on docters excuess?

michr

can a worker be fired from work while on doctors excuse?
YES
you can be terminated for excessive absenteeism regardless of the reason for the absences. most likely what the employer did was totally legal but the following two scenarios may apply to your situation.

there is a possibility that you were covered by FMLA.
to understand the Family & Medical Leave Act:
http://www.dol.gov/compliance/topics/benefits-leave-FMLA.htm

there is also a slim possibility that the injury would be considered a disability and therefor possibly covered by ADA.
to understand the Americans with a Disability Act:
http://www.eeoc.gov/types/ada.html

from what you have stated here both of these are highly unlikely but it is possible.

cautiouscautious2005

Depends on the employer and the terms of the contract and.......I have known many workers who were fired for typing the word excuess...
what in the devil is an excuess........ oh oh, it's dictionary time..not millers!

rwa000

yes you can be fired whether you were injured on or off the job, yes boys and girls even while on WC, Dr.s notes mean nothing as they don't pay your salary

Judy

Generally, yes. If you qualify for and apply for FMLA leave, your job is protected to a large extent unless you would have been laid off if you hadn't been out on leave. Or if the injury was on the job and you are on workers comp, you have some level of protection. But otherwise, yes you can be fired.

Rambo

It depends on the situation. Is this a 'work comp' excuse? Did you just go to the doctor and get an excuse after missing lots of work? There are too many variables to "guess" an appropriate answer. There are laws against firing or retaliation against a person who was injured on the job..but... It doesn't matter if you have the 'plague' and a doctor writes an excuse, the employer don't have to "hold" your job. So you need to give more details to receive a proper answer.

Kai K.O.W.

no, your boss cant do that! u must sue him! but my mum said, "dont waste your time on sueing cause if u get your job back, the environment between u and your boss will be.....(u know what i meant).

so try to find a new job as soon as possible and watch out for your boss before he "bites" u like the previous one!

justgr8

No, you need to get a lawyer.

CuriousCat

I would get legal advice from an industrial relations specialist

gooner

Depends what reasons there are behind your dismissal. You certainly can't be fired simply for being off because of illness or injury.
Were you unionised in that place of work ? If so, I suggest you have a word with you union shop steward. Otherwise see a lawyer or someone who is expert in employment laws. It could be that you can claim compensation, in which case your ex boss has just made the biggest mistake of his life !

Debra VASILOVICH

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