My boss is going to fire tomorrow?

I have been sick most of last week, as well as monday and tuesday this week. I came in last thursday, but felt ill again that evening. My boss was angry that I didn't call in first thing in the morning, however, I was very ill, and was incapable of waking up to call him, hence called up much later in the day. Yesterday I dropped him an email because I had lost my voice from the flu. He said don't bother coming in at 8.30am tomorrow, just come in at 9. I asked him if he was going to have me hand in my notice, but he said we'll discuss it then.

Does he have the grounds to fire me because I was ill with the flu and didn't call in? Surely he could have called me (and woken me up) to confirm my whereabouts (because he said if the building burned down, he wouldn't know where i was, even though i sit directly opposite him).

Please give me your legal advice so i know where i stand.

Thank you

hr4me

Have you been to see a doctor yet? If you've been sick enough to miss that much work you should have a doctor's note stating that you are not able to come to work. If you have that in hand when you go in to see him it may ease the situation somewhat. But, if you did not follow company policy regarding their procedure for calling in sick, yes, they can fire you. It is not up to the boss to call you and see why you are not at work, that is your responsibility to set your alarm clock, wake up and call him to let him know you can't come in to work. Most companies do not accept e-mail messages for sick calls.
(I, too, had the same flu you are describing and lost my voice. I called in and spoke to my manager to let him know that I could not come in that day and had lost my voice. A whispered phone call is better than none.)

Softball Mom

Unless you have an employment contract, your employer can probably fire you. My state (IL), for instance, is an "at will" state, which means an employer can fire you without notice or reason, unless you have an employment contract. Did you see a doctor? Perhaps if you provide a doctor's note it could help smooth things over. Otherwise, you are just screwed.

Mr Neutron

Why would he call you to wake you up? You're hosed!

leaptad

You should check your company's policy on sick time. After a certain amount of time, you may require documentation from a doctor to prove that you were sick. Also, if you are an "at will" employee, they can fire you for any reason.

Kornrulezall

you shouldve called in and told him. Im sorry you prolly will loose your job. Good luck!!!

Shannon D

You dont have any rights you didnt go to work and you didnt call in that is a no call no show. Did you got to the doctor being so sick and all? If so get a doctors note most companies accept those. I know places I have worked if take off more than 3 consecutive days for being sick you need to have a doctors note allowing you to come back to work. Guess you need to start looking for a new job. Good Luck

linda

generally speaking, you can be fired for any reason at any time or for no reason at all. good luck

silly_me

You job your responsibility. Unless of course you have a written contract with your employer stating you do not need to call in at a reasonable time to confirm your absence.

Ron K

You didn't follow HR policy you can get fired. You didn't call in, I would fire you also.

Harvick 29 Fan

It depends on which state you live in. If you live in a "right to work " state, then your employer is allowed to terminate your employment without reason or warning. In most states, taht is the way it is. So most likely, yes, he is within his legal right to terminate your employement for any reason he wants.

roadrunner426440

He may be firing you for something unrelated to you being sick for 7 days

CatLaw

Unless you are under an employment contract or a Union Contract, you can be terminated without reason. In this case you may be terminated for "no call, no show" or "extreme absenteeism".

The biggest problem is not that you can be fired but that you probably will not be able to obtain unemployment benefits. The majority of states will not provide unemployment benefits if a person quits or if the person is fired for the legal term of "Misconduct". Absenteeism is considered a legal misconduct violation.

The other poster suggested that you bring a letter of resignation with you to this meeting -- I agree. It is better for you getting your next job if you resign rather that be fired.

Altstadtweib

I don't think you will find legal advise here on yahoo.
Who knows what he is going to do. Who knows how often you are sick and don't show up for work....
I don't think though that he could fire you for being sick once and not showing up for work. Did you go by chance to the doctor who could confirm that you were sick?

*****

The way things are now, in a number of states, an employer can fire you on the spot, without giving you a reason, and you have no LEGAL remedy. 60 Minutes had a segment on this very subject a couple of months ago.

freaki1225

You should have called in. Get a doctors note saying that you have to stay out of work until you are better. He can't fire you by doctors orders.

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