Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law & Legal Jobs

Is it illegal to be fired for calling in sick?
Find answers to your legal question.





Is it illegal to be fired for calling in sick?

If I am a hardworking, dependable person who was been with an office for over a year and I call in sick once, can I technically get fired for that. Where can I find out more about this issue?


    




Angel Babe
no you were sick you cant get fired cuz its not your falt you got sick


R J
Rating
Belive it or not, Nothing can happen to you legaly if you have a doctor's note for the majority of your call outs.


LNP
Rating
Most states are EMPLOYED AT WILL. They can fire you and you can quit for any reason (besides discrimination). You might still be able to get unemployement, but you prob have no case against the compnay.


ndbdlj
make sure you get a doctors note everytime just cover your butt


lilly_b_bat
depends on the state you live in i live in IL and it is an "at will" state which means they can let you go for no reason at all, but there is federal laws for illness and child birth. Number one question is did you go to the doctor or hospital? If you did you should have got a note from them. Even if you do have a note though they could find any reason to fire you and be ok if it is a at will employment state. for more info i would go to your state's dol (dept. of labor) website.


Libby
Rating
Unless your illness was covered by the Family and Medical Leave Act (which covers serious medical conditions), the employer did nothing illegal in terminating you because you missed work.

You should definitely apply for unemployment.


effin drunk
Rating
Not if you can show that you were actually sick. Like a doctor's note. Most workplaces would not require that for one day off, but they could if they wanted.


redvelvetflames4ever
Rating
As poster JohnMike wrote unless you are covered under the Family Medical Leave Act they can terminate you. Serious illness could be anything that keeps you from performing your work duties for 3 or more days with medical documentation from a licensed physician. Additionally, if you had any accumulated sick, personal, or vacation time this could have been utilized to cover the absence and viewed as a wrongful termination.


DKScully701
It all depends on the policies of your particular company and any contracts you have with your employer; however, if you work in a business that applies the doctrine of American law known as "at-will employment," you as an employee can quit for no reason and an employer can fire you at any time.

At-will employment does have its exceptions, especially if discrimination is involved. Here are just a few of the anti-discrimination statutes that could help you:

* Title VII of the Civil Rights Act of 1964
* Age Discrimination in Employment Act of 1967
* Rehabilitation Act of 1973
* Americans with Disabilities Act of 1990

Keep in mind that not all contracts are explicit. Some examples of implied contracts, that can help you out legally, include:

* A promise from employer to an employee that he or she will only be fired for job performance.
* An employee manual stating that once you have completed an initial probationary period, you become a "permanent" employee.
* A supervisor who gave you an excellent review in a performance appraisal and stated that you will have a long future at the company as long as your good performance continues.

In most reasonable cases, calling in sick wouldn't be a reason to be fired unless it were part of a history of repeated absences that are documented and in line with written and stated company attendance policy, or was somehow dealt with irresponsibility (i.e., not informing your employer that you wouldn't be coming, etc.)

For more information, check out the sources below. Good luck!


Expert Realtor
No, but I find it very, very hard to believe that you really were fired for that reason.

By any chance was it on a holiday or a day that you previously requested off and that request was denied, and you magically got sick that day?


gm
Rating
well if you don't have a doctors excuse you can get wrote up... i don't know about fired. If it were a lot of times you were doing this then of course you could. You should go online to your company's website and look at there policies or if they don't have one ask for a policy book from the office. But i guess technically you could for not coming in on your scheduled days.. they dont have to keep you around if your not doing what is required of you .. even if it is only once


L-ren Mac
Did they tell you that's why you got fired? If so, I don't think they can fire you for that.

I'm not too sure, but you could probably research the Americans with Disabilities Act. I think that might help answer your question more.


Alan E
Rating
In Australia you can't. I'm not sure what happens in other countries.

In most cases where someone does get fired for this sort of thing it is the tip of the iceberg. In other words there are likely to be many more incidents that have occurred. All of them individually don't amount to much but taken together they do.

However that being said I worked for a man who was strange to say the least. He fired one person twice in one night and then got them to drive him home that same night. We all got fired at some stage and just ignored it.


Loren S
contact the National Labor Relations Board in Washington d.c.


bobe
Rating
No, you cannot be fired for calling in ill. They may choose to use some other excuse to fire you but being ill is not one of them. I believe to get fired for excessive absences your work would have had to warn you or have documented it in your records prior.


nazgirl8292
ud probably only get fired if u got caught....be careful!!


kevin-g
Rating
you should get a hold of the human resourses dept if they have one, and see what there policy is on their attendence, if it says nothing about being let go for being absent the one time i would begin to seek legal action that they terminated you without good reason


Celestial Ninja
no it is not illegal to call in sick :D but if you do it too often then yeah, your workplace reserves the right to fire you....doesnt sound like that in this situation though. The best thing to do is to bring a doctor's note...try this forum...it's got some ppl who know what they're talking about:

http://www.city-data.com/forum/health-wellness/27531-can-you-fired-calling-sick-3.html


jealous elf
Rating
if you are genuinely ill, then you shouldn't have any problems. but if you are not sick, lying is probably a legitimate reason to terminate employment. since most employment is at-will, you can usually be terminated for any or no reason AS LONG AS it is not related to race, religion, age, gender, or other protected category. if you do get fired for being sick or disabled (a documented illness, not a cold that comes up because the weather is nice and sunny) contact a local employment law attorney, because you might have legal rights.


rwa000
Rating
if you work in a at will state you can be terminated at any time for any reason that is legal. You have really no grounds to sue and would be hard pressed to find an attorney to help. Unfortunately some of the other answer speak with their feelings instead of fact and realty. I hope that you are just being slightly paranoid and that it didn't happen.


Nick B
Well that sounds like a crock of s*** personally. I don't know why if you were in good standing that they couldn't give you one sick day. I'd take legal action as soon as possible. Whether you have to contact the Better Business Bureau, a lawyer, a combination of them, etc.


‚ô•Diana‚ô•
on this country you can get fired without reasons


Darren
It depends on the laws of the state you live in. For example, here in Louisiana you can fire anyone at any time for any reason except for discrimination. I can fire an employee just because the mood strikes me. Call your state labor department and ask them what the law is in your state.


Green
Rating
You can get fired for calling in sink in free country's.


smash6385
If what you said is exactly what happened then no they can not fire you. Call your local attorney office and ask to speak with someone. They can give you all the exact legal motives.


Michael
The company I worked for held it against me as a verbal write up even though I had a medical excuse and even sent me home for the pain medication i was on. Then fired me later stating I had 3 occurances





 Enter Your Message or Comment


User Name:  
User Email:   
Post a comment:




Legal Discussion Forum

 What do you do when your manager and assistant manager does not like you and theres always a problem at work?
My daughter is a shift manager on her job, and she asked her assistant manager if she could make sure the store was clean and stocked for her shift and the assistant manager started arguing at my ...


 Should it be legal to be given a written warning from work if you are hospitalised?
my wife works for a leading chain store and was off work for 13 days in total, upon return to work she produced a doctors note and hospital notes to back up her claim. the store claims they have a ...


 Can an employer require you to get an unlimited texting plan on a personal phone?
A friend's boss told everyone to get an unlimited texting plan on their personal phones since he would be sending texts to update them on information. Is this right?

Also, he is ...


 Is it legal for a store to make you clock out for a break but not allow you to leave?
My girlfriend is one of the hourly managers at the store she works at. if no other manager is there she has to clock out for a break but must stay in the store to handle refunds and get change if ...


 Im an african american female probably the complexion of hmm jay-z. The CEO made a reference to my skin tone.?
We are having construction done in the office right now. The guy painting did one coat of black on 1 piece of wood and 4 coats of black on another. He brings them up to the front (where i sit) ands ...


 My Employer wants a copy of my passport? Why?
Hello. I have been a barman at a bar in Hove (Brighton) now for seven years. I am a British Citizen born and bred. I have a National Insurance number and pay tax via PAYE. My questions is this; My E...


 Redundancy without notice is it legal?
Is it legal for a company to make one member of staff redundant without giving any notice nor consultation?

My husband worked for three hours yesterday and was then sent home after being ...


 My employer was going to fire me for breaking a rule that no one knew existed. Is this legal?

Additional Details
I had been at a casino for business, and stopped to play a slot machine (which was done frequently with the person who trained me in) and it was brought to the ...


 Is this legal?
If I work 40 hours a week at a tanning salon and never get a lunch break to leave atallis that against the ...


 Can an employer do this?
I was laid off from my employer so I went to work for a temp service. They told me the job paid $14 an hour, well I quit to go back to my original employer, Now the temp service only wants to pay me ...


 My present employer will not give me a reference is this against the law?
...


 Has my employer the right to discipline me for being genuinely ill?
I suffer from depression and over the last 12 months i have been absent for 25.5 days bearing in mind i have had two unrelated surgeries this year, these absence are all certified by my doctor and i ...


 Can a male lawyer have long hair?
Provided it is well kept, neat and pulled back at work? I have hair just below my shoulders and I am studying law. I have seen a few lawyers with long hair so I was just wondering? BTW I am gay if ...


 Can somebody be off sick from one job and work another job?
If somebody is signed off from work with stress, can they still go to work in their second job? Can they only do this if the stress is work-related?
Additional Details
It is not me, so ...


 MY FORMER EMPLOYER NEVER SENT ME MY PAYCHECK, IS THERE SOMETHING I CAN DO ABOUT IT?
I HAD WORKED FOR THE COMPANY BUT HAD TO MOVE OUT OF THE STATE IMMEDIATELY ON SUDDEN NOTICE. I HAVE CALLED OVER AND OVER AGAIN BUT THEY MAKE UP EXCUSES AND LIES. ITS BEEN OVER A MONTH, WHAT CAN I DO?...


 What can an employer do if I don't turn up for work on my first day (or at all thereafter)?
Since accepting the position, a number of ethically negative material matters have come to light and I have no wish to commence employment with this company. I was given a written offer which I ...


 How do I expose my boss' financial felonies without ruining the company and losing my job?
For several years now employees at the lower level of the company I work for have had problems with their paychecks. The boss insists that checks are mailed, as opposed to picking them up in the ...


 Is it legal to put flyers on windshields?
...


 Hiring something is verbal good enough in court?
do i need written aggreement for legality reasons for hiring something
is a verbal good ...


 Can they fire me for this?
I want to start off by saying this was my second time calling off work and we have a attendance policy if you miss so many days they will give you a warning then a write up then termination I called ...




Copyright (c) 2009-2013 Wiki Law 3k Sunday, September 21, 2014 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.044