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    tina_chelle's Avatar
    tina_chelle Posts: 4, Reputation: 1
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    #1

    Jan 5, 2013, 12:40 PM
    Fired with doctors note
    Hi, I have been working at my job full time since July 10 th as a hairstylist & I've really enjoyed it but on tue night I got really sick with food poisioning & I was suppose to work wed & thur but I went to the doctor & she said don't come back until sat.& gave me a note.I got a voicemail on Friday telling me I'm fired for not being there 2 days.is this legal? Please help? Ps. I don't know what FMLA is or if my company has it.. I worked at Great Clips if that helps
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Jan 5, 2013, 12:49 PM
    Sure its legal... if you don't have a union or don't have a labor contract.

    That would make you an AT-WILL employee... so you are that at your will and their will. Don't know where you thought FMLA applied here?

    Did you have unused sick leave? Did you even bother to call them each day?
    tina_chelle's Avatar
    tina_chelle Posts: 4, Reputation: 1
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    #3

    Jan 5, 2013, 12:53 PM
    Quote Originally Posted by smoothy View Post
    Sure its legal...if you don't have a union or don't have a labor contract.

    That would make you an AT-WILL employee....so you are that at your will and their will. Don't know where you thought FMLA applied here?

    Did you have unused sick leave? Did you even bother to call them each day?

    That's why I said I didn't know what FMLA was. & I did call them . Thank u!
    Enigma1999's Avatar
    Enigma1999 Posts: 2,223, Reputation: 1077
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    #4

    Jan 5, 2013, 12:57 PM
    Smoothy is correct.

    Also, I used to work for Great Clips a long time ago while going through college, and I can tell you that Great Clips has a list of policies hanging above the sink in the dispensary along with the OSHA regulations.

    Did you communicate all of this with your boss?
    tina_chelle's Avatar
    tina_chelle Posts: 4, Reputation: 1
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    #5

    Jan 5, 2013, 12:59 PM
    Quote Originally Posted by Enigma1999 View Post
    Smoothy is correct.

    Also, I used to work for Great Clips a long time ago while going through college, and I can tell you that Great Clips has a list of policies hanging above the sink in the dispensary along with the OSHA regulations.

    Did you communicate all of this with your boss?
    Yes I did & thank u
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #6

    Jan 5, 2013, 01:03 PM
    Since you are unfamiliar with the FMLA here is a link to explain it better.

    Family and Medical Leave Act - Wage and Hour Division (WHD) - U.S. Department of Labor

    And with many employers you don't get full benefits until after the first full year of employment. This would be determined by their published policies.
    Enigma1999's Avatar
    Enigma1999 Posts: 2,223, Reputation: 1077
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    #7

    Jan 5, 2013, 01:07 PM
    Quote Originally Posted by tina_chelle View Post
    yes i did & thank u
    During communication with your boss, did she seem to be irritated? What did she say when you said you could provide a doctor's note?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #8

    Jan 5, 2013, 01:44 PM
    Tuesday was New Year's Day. Not a good day to get sick, nor the following days, when I assume others had arranged vacation days and they were short handed. A doctor's note is good for high school, that's about it. Food poisoning isn't contagious and usually is short lived, unless a test was done to determine what kind it was. Most employers can file at will, and you would have to prove a Civil Rights violation - and that would take over a year.

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