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-   -   Can I be fired for being out sick, with doctors note? (https://www.askmehelpdesk.com/showthread.php?t=583299)

  • Jun 21, 2011, 06:11 PM
    Gotquestion12
    Can I be fired for being out sick, with doctors note?
    I have been out sick for 3 weeks with pneumonia. Doctors note excusing me from 6/5 threw 6/18. Went back to work for 1 day on 6/19. So sick still, lungs in pain. Revisited doctor for the 3rd time and he authorized me to be out again from 6/20 thew 6/24. My very first visit was with a nurse Practitioner. My employer is very upset that I have been gone for so long. Told me he is on the fence with me, on what to do with me. I have been working there for almost 4 years and have had 2 longer medical leaves. 1 for a surgery, out about 1 n 1/2 months. 2nd broke my arm, and home for a month or little more. Of course working there this long there have been times of head colds or just the 2, 3 day flu we all get. Is it legal to fire me for being out this time with pneumonia? And having all my doctors information for him?
  • Jun 21, 2011, 06:21 PM
    missy706

    I should hope not! That's just crazy you can't help that you got sick that's life. Since you have all your paper work you should be fine. If your boss fires you then their just an @**hole...
  • Jun 21, 2011, 06:58 PM
    Fr_Chuck
    Quote:

    Originally Posted by missy706 View Post
    I should hope not! That's just crazy you can't help that you got sick that's life. Since you have all your paper work you should be fine. If your boss fires you then their just an @**hole...

    You have a good heart and a foul mouth, but know nothing of the law. We pride the site with actual real legal advice, not feel good opinions that are not based on law and actually just plain wrong.

    So please unless you have actual info and facts, we do not want non legal answers in the legal section.
  • Jun 21, 2011, 07:01 PM
    Fr_Chuck

    Unless you have a contract or unless you are part of a union, of course they can fire you.

    In fact you are out much more than most people, you have tree medical outs for at least a month, but a lot more of several days.

    You appear to have a trend to a lot of medical care and needs and can be fired for this.
  • Jun 21, 2011, 07:13 PM
    ScottGem

    It depends on the company policy for medical leave. But as Chuck pointed out, unless you are covered by personal or union contract, they can fire you for no reason at all.

    They may not be able to fire you while on leave or immediately after, but eventually they will find some reason to get rid of you.
  • Jun 21, 2011, 07:28 PM
    ballengerb1

    Most folks know little about employment laws, think they are protected and they are not. Employers can not discriminate againist protected classes but they can terminate most folks with no reason at all. I was an HR director for years and advised my "manager" to not give any reason, reason may have to be proven later. An "at will" employee has a very very small safety net. Employment At Will: What Does It Mean? - Free Legal Information - Nolo
  • Jun 21, 2011, 09:17 PM
    AK lawyer

    Does your company have more than 50 workers? If so, the Family and Medical Leave Act of 1993 may protect you.

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