[cleanandtidy]

I have just been fired for being sick and want to know if it is legal without warning. She said it was for being sick, and then when I said I wasn't sure she could fire me for being sick she changed it to my record. Either way, can she fire me for being sick, or for my record, without any warnings, written or verbal? I got the part time job last July, working serving food and drink 12 to 5pm Saturday and Sunday's. Unfortunately I was sick with flu for three weeks not long after starting, and again with sickness and diarrhoea, just for one weekend a few months later. This year I was sick for one weekend in January, so I am aware my record is poor. Two weeks ago I turned up for work on the Saturday, but after three hours I suddenly felt sick and was. A customer in the toilet had heard me, and when I emerged remarked "you won't be able to work now, what with the food and everything". I felt too ill to work anyway, but she was right, I couldn't have continued serving food, so went home sick and was off the Sunday too. I had booked the following weekend off, so when I asked about my hours for next weekend I was told I was being fired for being sick. I explained it would have been bad for me to stay and work, but to no avail. Only when I said I wasn't sure it was legal for her to sack me for being sick, did she change it to, and my record.
Can anyone help me? I am very upset and would like to be able to say she can't sack me without warning me first, but I don't want to add making a fool of myself to my upset. Can I be sacked for being sick? Can I be sacked for my sickness record, without being warned? Please help.

[JudyKayTee]

I can tell you what the employer is going to say - you are only sick on weekends.

Anyway, yes, you can be terminated with or without cause if you don't have an employment agreement or written contract. No one has to give you advance notice.

Yes, you can be sacked for being sick and there is nothing that says you have to be warned first.

I think "your record" and "being sick" are one in the same - your record indicates you took off sick.

Did you provide Doctors' notes when you were off sick? Sometimes that makes a difference.

[KaKaKaKaKa]

@JudyKayTee @Cleanandtidy

''Anyway, yes, you can be terminated with or without cause if you don't have an employment agreement or written contract.''

By law over here in Britain if you are employed, then you have a Contract, Written or not. It is the Employers responsibility to provide you with a copy in writing within 2 months of starting your employment. Therefor there is no such thing as an employer being able to terminate you with or without cause if you don't have an Employment Agreement/Written Contract.

Not sure if it is the same where you live but might be worth a check.

[ScottGem]

ANY question on law needs to include your general locale as laws vary by area. And this is a perfect example. According to Ka employment in Britain become an implied contract (can you provide the cite for that?). However, in the US most states are "at will" states which means you can be terminated without warning or reason.

[Fr_Chuck]

And of course you are not being fired for being sick you are being fired for missing too many days of work.

It appears you are missing over 10 percent of your work days, also appears you always miss moth days not just one day.