Can I be fired for this?
Find answers to your legal question.
Can I be fired for this?
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I just started a job in December and was upfront at the interview about some female related medical problems that I have (endometriosis). I worked for four weeks and during that time had to call in twice due to severe pain from the endo. Just a couple days ago I was informed that they were going to have to "let me go" because of my calling in and not being able to be there. I offered to work from home on any day that I might not be able to make it in (and with my position this is completley doable; my job is strictly data entry), but my boss said that wouldn't work b/c she needed someone who could be there.
Is it right that they can do this? I've had a couple of family memebers tell me that there are laws protecting against this sort of thing and I wondered if it would fit my case? Any information or advice would be great!
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'Sunnyside Up'
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I can't be sure but I am pretty sure that you cannot be fired for being sick. You also cannot be fired if your family is sick and you are the caretaker of them. My husband has to take me everywhere now and has for the past 3 years due to an auto accident which wasn't my fault. The man ran two red lights and broaded my van and rolled it over sideways 3 times and left me upside down. I can't work any more but I was inbetween jobs but my husband is a hospital employee and you know how they always have to be there. His boss has worked with him for these past three years due to my injurries. I also saw a true movie about a person who was forced to quit because their daughter was in the intensive care with cancer. I'm pretty sure that a law was put into effect that you cannot be fired from that true incident. The site below may be the law that came into play. But if you really want to know, ask a lawyer who deals with work related problems. Most of them will grant a free phone consultation and then if he says they can't fire you then you can hire him to help you keep your job. |
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sparkling_sands
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I think the fact that you let them know ahead of time and they hired you knowing that you were not going to be able to be there all the time and it was wrong for them to fire you because of that because they knew already so i think you should fight it. |
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Brianna
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It depends what state you live in, like Washington is an at will state you can be fired for any reason and you can quit for any reason... I would read you labor laws.... possibly FMLA in particular might help! Good Luck |
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WRG
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The Americans with Disabilities Act MIGHT come into play. Read through the link below and see if it applies. |
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X
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Yes |
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Dusty_Flow
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Talk to a lawyer. A lawyer knows much more about this stuff than random people on the internet. |
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Grammer Nazi
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nope. theres absoloutley nothing wrong with them firing you for that.
SORRY. |
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Judy
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Sorry, but yes they can do this legally. There's a law called FMLA, Family Medical Leave Act that would protect you if you were eligible, but you haven't worked there long enough to be eligible.
ADA, Americans with Disabilities Act, might protect you, but not likely since being allowed to work from home wouldn't likely be considered a reasonable accommodation. And besides, if the severe pain keeps you from working, how could you just work from home that day? Not trying to be unsympathetic, just realistic. |
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That Chick
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if your job is AT WILL yes they can let you go for anything |
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rwa000
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during your probationary period usually 90 days you can be let go for any reason, calling in twice in 4 weeks is reason enough, |
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Not My Real Name or Face
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My guess is that the conditions of your employment included a probationary period during which you can be terminated without any reason or explanation. Every employer I know of has this policy and it is usually 60 to 90 days. So, fair or not, they were probably well withing their rights to let you go. |
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