I was just fired from my job today because I was in the Emergency Room and ICU in the hospital all of last week, returned to work today and the manager said I was terminated last week for excessive absences. I was unable to call my workplace nor did I have access to their number, so asked my mother to e-mail and called my supervisor, and left him a voicemail. She did this before Monday morning of last week before they knew I was ill, so it reached him in time. I have been there less than 90 days, do I have the ability to file a claim for wrongful termination? Their policy is 3 to 5 absences/and or tardys is subject to termination. But I would think they would take into consideration my extenuating circumstances, and allow me to provide documentation, but they didn't even give me a chance. They just took my badge and walked me out of the building! Can I take any action at all?

Hello hobbs:

I don't think you have a case. Sick people aren't a protected class of workers. If you were DISABLED or PREGNANT, then you would have a claim - but, no. Unfortunately, they can fire you for being sick.

excon

No, you don't have any claim, you may use this as a defense in your unemployment pay, and get them to call it wrongful termination for their purpsoe, but there is no law suit.

Even if you had called in, being there that short of time they could have still fired you. As a matter of fact, unless the company has a company policy to allow you time off, if you had been there long enough the Federal Family Leave would have covered this, but no, you are just to be job hunting now.

Man that sux!

I am so sorry this happened to you. I hope you get better very soon and find a new and better job. What narcissistic jerks. What goes around, comes around. Best of luck!